Poland’s Office of Competition and Consumer Protection (UOKiK) has initiated (2 December) an investigation into the Enea Group, one of the country’s largest energy companies, over allegations of practices that may restrict competition.
The inquiry involves three companies within the Enea Group and includes dawn raids conducted with court approval and police assistance.
Allegations of Preferential Treatment in Renewable Energy Connections
The investigation stems from reports suggesting that Enea Operator, the group’s subsidiary responsible for managing its electricity distribution network, may have favored certain entities in processing applications to connect renewable energy installations (OZE) to the grid.
According to Tomasz Chróstny, President of UOKiK, the company allegedly granted preferential treatment to businesses within its own group and select external companies, bypassing formal requirements or ignoring the order of applications. These actions may have “exhausted” the available connection capacity in key balancing nodes, effectively denying other applicants access to the grid due to technical constraints.
Access to the grid is crucial for participating in the energy market, and any denial or delay could harm competition, particularly in the rapidly growing renewable energy sector.
Potential Abuse of Dominant Position
The investigation will examine whether Enea Operator’s actions constitute abuse of its dominant position in managing access to critical infrastructure. Such abuse could include selective deterioration of access conditions, unjustified delays, or outright denial of access. Additionally, UOKiK is exploring whether unlawful agreements were made between Enea Operator and companies benefiting from preferential treatment.
Investigation in Progress
President Chróstny emphasized that the ongoing inquiry is directed at clarifying the situation, not yet targeting specific companies. “We are analyzing whether the Enea Group may have engaged in practices that restrict competition, particularly in the management of access to its distribution network for renewable energy,” he said.
Evidence collected during searches is currently under review. If suspicions are confirmed, UOKiK will initiate formal antitrust proceedings and may bring charges against specific entities. Companies found guilty of antitrust violations face fines of up to 10% of their turnover.
This investigation underscores UOKiK’s commitment to safeguarding fair competition in Poland’s energy market, especially in light of the growing importance of renewable energy infrastructure.
Source: https://uokik.gov.pl/grupa-enea-postepowanie-wyjasniajace-i-przeszukania
