Repsol is once again in the spotlight of the Competition authorities after this Tuesday the National Markets and Competition Commission (CNMC) announced the opening of a sanctioning file against Repsol for possible anti-competitive practices, constituting an abuse of position. of dominance, in the wholesale distribution market of automotive fuels in Spain.”
The body chaired by Cani Fernández considers that after the investigation it opened a year ago into Repsol, Cepsa and BP for the discount policies of these large distributors at their service stations, “there are sufficient indications” to indicate that the oil company would have taken advantage of its dominant position in the wholesale hydrocarbon market in Spain to carry out, from March to December 2022, behaviors such as offering additional discounts on fuel to users of its service stations through applications or loyalty and payment cards, as well as increasing the price that third-party competitors - independent service stations - pay the company to acquire fuel on the wholesale market.
Competition estimates that, given Repsol's position in the wholesale market, these behaviors would have represented an "exclusionary" strategy against third-party competitors - independent service stations -. The company chaired by Antonio Brufau “flatly rejects the file opened by the CNMC” and assures “that it does not have a dominant position in the Spanish fuel market and strictly complies with competition regulations.”
For the CNMC, Repsol's position, which is the supplier with the largest number of stations, and its discount policy "would have had the capacity to erode the commercial margins of said competitors and limit competition in retail distribution." The investigation is focusing on 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 opening of a disciplinary file does not necessarily mean the guilt of the company, as recognized by the CNMC itself, which in its communication warns that “The initiation of this file does not prejudge the final result of the investigation, at the same time that a criminal case is now being opened. maximum period of 24 months for its investigation and resolution.”
From Repsol Repsol insists on remembering that “the company has made an enormous effort to help its customers through discounts and thus address price increases derived from the war in Ukraine, with more than 500 million euros allocated to discounts at their service stations in Spain. In short, the CNMC has opened a sanctioning file for a measure aimed at favoring consumers.”
The origin of these investigations is linked to 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 the headquarters of Repsol, Cepsa and BP, of which only Repsol's headquarters resulted in the opening of a disciplinary file known today.
