The National Markets and Competition Commission (CNMC) has initiated a sanctioning file against Repsol for possible anti-competitive practices, constituting an “abuse of a dominant position”, in the wholesale distribution market for automotive fuels in Spain, according to announced this Tuesday.
Specifically, Competition is investigating Repsol Comercial de Productos Petrolófilos, Repsol Directo, Repsol Customer Centric, Solred, Campsa Estaciones de Servicio and Repsol, as a group that is present in the entire value chain of the production and marketing process of automotive fuels. .
The CNMC has detailed that the oil company would have taken advantage of its dominant position in the wholesale hydrocarbon market in Spain to carry out the following behaviors from March to December 2022.
On the one hand, offer additional discounts on fuel to users of its service stations through applications or loyalty and payment cards.
And, on the other hand, increase the price that third-party competitors – independent service stations – pay (to Repsol) to acquire fuel on the wholesale market.
Therefore, given Repsol's position in the wholesale market, the conduct would have represented an “exclusionary” strategy against third-party competitors – independent service stations -.
Furthermore, they would have had the ability to erode the commercial margins of said competitors and limit competition in retail distribution, as the CNMC has explained.
The aforementioned conduct could constitute a possible violation of article 2 of Law 15/2007 of July 3 on the Defense of Competition (LDC) and article 102 of the Treaty on the Functioning of the European Union (TFEU).
Previous complaints
The investigation began following complaints filed by the National Association of Automatic Service Stations (AESAE) and the Association of Independent Hydrocarbon Marketers for practices contrary to articles 2 of the LDC and 102 TFEU.
Suspecting the existence of possible anti-competitive practices, the CNMC opened confidential information (article 49.2 of the LDC) and carried out a home inspection at Repsol's headquarters (press release).
Finally, the initiation of this file does not prejudge the final result of the investigation, at the same time that a maximum period of 24 months is now open for its investigation and resolution.
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