Investigation into whether EPEX Spot SE has infringed the requirements of Chapter II of the Competition Act 1998 and/or Article 102 Treaty on the Functioning of the European Union in respect of wholesale trading activities

Opened:
Dec 2018
Decision Proposed:
May 2019
Closed:
Jun 2019
Company:
EPEX Spot SE
Regulation Area:
Competition Act and Powers
Breach Area:
Competition

In December 2018 we opened an investigation into whether there had been an infringement of Chapter II of the Competition Act 1998 and / or Article 102 of the Treaty on the Functioning of the European Union, concerning a potential abuse of a dominant position in relation to wholesale trading activities.

Our investigation examined whether EPEX Spot SE, a power exchange operating in Great Britain, had abused or was abusing a dominant position in relation to access to cross-border intraday electricity trading platforms and related services between GB and Ireland.

On 18 June 2019, the Authority decided to accept commitments from EPEX Spot SE and EEX. Formal acceptance of these commitments by the Authority resulted in our investigation being discontinued without any decision being made as to whether or not the Competition Act 1998 and/or the Treaty on the Functioning of the European Union had been infringed.