The Competition Council Plenum Decision no. APD-04/20-02 as of 28.01.2022

On March 10, 2020, Plenum of the Competition Council, following the examination of the complaint filed by the „Furnizare Energie" LLC, as well as on the basis of information gathered during the preliminary examination, ordered by Disposition no. 04 initiation of an investigation regarding the signs of violation of the provisions of art. 11 para. (1) and (2) let. c) of the Competition Law no. 183 of July 11, 2012, by the „Premier Energy Distribution" JSC.

The object under investigation is the action of "Premier Energy Distribution" JSC regarding the application in the relations with the electricity suppliers of unequal conditions to the provision of electricity distribution services.

Thereby, during the investigation, it was determined that the „Premier Energy Distribution" JSC holds a dominant position on the electricity distribution market at regulated tariffs for electricity suppliers for the territories specified in Annex no. 2 to the License Series AC 001428 from January 14, 2008.

         At the same time, it was found that despite the establishment of differentiated provisions regarding the deadline for payment of electricity distribution services, between September 24, 2018 - May 31, 2020, "Premier Energy Distribution" JSC did not apply in relation to energy suppliers penalties for  payments delays for the provision of electricity distribution services, and this fact indicates that competition in the electricity supply market has not been limited. Consequently, the economic activity of the electricity suppliers was not affected. Starting with June 1, 2020, "Premier Energy Distribution" JSC concluded with the electricity suppliers agreements regarding the provision of the electricity distribution service, in accordance with the draft agreement placed on the company's website, which provides equal conditions for all electricity suppliers.

         On January 28, 2022, the Plenum of the Competition Council, by Decision no. APD-04/20-02 ceased the investigation of the case in connection with the fact that during the investigation no sufficient evidence was found regarding the violation of the provisions of art. 11 para. (1) and (2) let. c) of the Competition Law no. 183 of July 11, 2012 by the "Premier Energy Distribution" JSC which would justify the application of corrective measures or sanctions.