Markets authority launches investigation into Repsol

The Competitions and Markets Authority (CNMC) has launched an investigation into Repsol Comercial de Productos Petrolificadores, SA, Repsol Directo, SA, Repsol Customer Centric, SL, Solred, SA, Campsa Estaciones de Servicio, SA (Campsared) and Repsol, SA, for possible anti-competitive practices, constituting an abuse of their dominant position in the wholesale distribution market for automotive fuels in Spain.

Repsol is a group that is present throughout the entire value chain of the automotive fuel production and marketing process.

The oil company is alleged to have taken advantage of its dominant position in the wholesale hydrocarbon market in Spain to carry out the following behaviours 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.

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 those competitors and limit competition in retail distribution.

The aforementioned conduct could constitute a possible violation of article 2 of Law 15/2007 of July 3 on the Defence of Competition (LDC) and article 102 of the Treaty on the Functioning of the European Union (TFEU).

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.

The initiation of this file does not prejudge the final result of the investigation. A maximum period of 24 months is now open for its investigation and resolution.

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