“The Commission takes the preliminary view that OPCOM, the operator of the only power exchange in Romania, is discriminating against companies on the basis of their nationality/place of establishment, in breach of EU antitrust rules,” the Commission said in a statement of objections.
It said the requirement that all members of OPCOM spot markets must have a Romanian VAT registration, and consequently must establish business premises in Romania and operate from there, discriminates against foreign traders and inhibits competition on the local electricity market.
“OPCOM’s business practice is increasing the cost for foreign traders to do business on the Romanian power exchange and deters them from entering the local electricity wholesale market. This reduces liquidity and efficiency of electricity markets,” the Commission said.
The statement of objections does not prejudge the outcome of the Commission’s investigation into OPCOM’s business practices, the statement noted.
In December 2012, the Commission has opened formal antitrust proceedings against OPCOM and Transelectrica, the power market’s sole shareholder, over suspicions the exchange may be abusing its dominant position.
If the Commission concludes OPCOM is in fact breaching EU antitrust rules, the Romanian exchange may be fined by up to 10% of its annual turnover.