On Monday, the Office of Competition and Consumer Protection (UOKiK) provided information on the initiation of explanatory proceedings regarding the possible use of competition-restricting practices by the ENEA group. The Office's employees conducted searches in three companies from the Enea capital group. As indicated by the Office, the signals it receives may indicate unauthorized activities when connecting renewable energy installations to power grids.
– We are analyzing whether the Enea capital group could have used competition-restricting practices, in particular whether it could have abused its dominant position on the renewable energy market in Poland in terms of managing access to the distribution network. I initiated an investigation into this matter and ordered a search – explains Tomasz Tomasz Chróstny, president UOKiK – They took place in three companies from the ENEA group with the consent of the court and with the assistance of the Police. We are currently analyzing the evidence collected in this case, he adds.
Violations of antitrust law may result in a financial penalty of up to 10%. the entrepreneur's turnover – explains the Office of Competition and Consumer Protection.
Suspected abuse of a dominant position on the market
As indicated in the announcement, the Office's employees conducted searches in three companies from the Enea capital group following signals received by the Office. They concluded that the company could give preferential treatment to applications for connection to the installation network Renewable energy originating from companies from its own capital group and from some entrepreneurs with no capital links to the group.
“For example, this could have been done by issuing connection conditions to selected entrepreneurs despite failure to comply with formal requirements or by disregarding the order in which applications were submitted. As a result of these actions, other entities applying for connection of their RES installations to the Enea Operator network could have been harmed,” we read. Such action – as explained – resulted in other entities being denied connection to the network due to the lack of technical conditions. In turn, access to this network is necessary to participate in the energy trading market.
According to the Office of Competition and Consumer Protection, denial of access to key infrastructure may constitute an abuse of a dominant position on the market. At the same time – as added – the Office is also analyzing the possible conclusion of a legally prohibited agreement between ENEA Operator and entities that benefited from preferential treatment when connecting RES installations to the grid.
The business editorial staff of tvn24.pl asked the Enea Group for a comment on this matter, but by the time of publication we had not received a response.
About the Enea Group
The ENEA Group is one of the largest energy companies in Poland, dealing in the generation, trade and distribution of electricity. It manages the full value chain on the electricity market: from fuel, through electricity production, distribution, sales and customer service. It is responsible for energy supplies to 2.6 million customers.
Enea Operator owns the distribution network in north-western Poland (approx. 1/5 of the country's area). The group employs over 17,000 people throughout Poland. employees. The operator is a natural monopolist in the area defined by the operating range of the distribution network managed by the company.
The Enea Group includes two important system power plants: Kozienice Power Plant and PoÅ‚aniec Power Plant. The Group also operates Lubelski WÄ™giel Bogdanka – the mine is the main supplier of raw material to the Group's power plants. The activities of the Enea Group also include thermal energy in plants in BiaÅ‚ystok, Oborniki and PiÅ‚a.
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