Hatta Energy, a Spanish fuel wholesaler, has lodged a complaint with the European Union, accusing major players Repsol and BP, along with Moeve, of market abuse. This development follows a recent closure of a Spanish competition probe into these same companies over alleged fuel pricing coordination.
The core of Hatta Energy's new complaint appears to center on market abuse and potentially fiscal classification issues, extending beyond the pricing coordination that the Spanish regulator, CNMC, recently dismissed due to a lack of evidence.
Spanish Regulator Closes Pricing Probe, Citing Insufficient Evidence
The Comisión Nacional de los Mercados y la Competencia (CNMC), Spain's competition authority, concluded its investigation into alleged price coordination and collective dominance among BP, Moeve, and Repsol. The regulator found no evidence of information exchanges or coordinated pricing strategies, particularly during the period of heightened fuel prices following Russia's invasion of Ukraine. Consequently, no formal sanction proceedings were initiated.
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"After examining the allegations, the CNMC concluded there was no evidence of information exchanges or coordination between the companies."— Competition.Today
The CNMC explicitly stated that the investigation did not uncover indications of violations of competition law regarding anti-competitive agreements or the abuse of collective dominance. The authority also rejected the notion that these firms held a collective dominant position in the Spanish fuel market.
New Allegations Emerge Amidst Previous Investigation Closure
Despite the CNMC's recent findings, Hatta Energy has brought new accusations forward, signaling a continuation of scrutiny over the practices of these fuel giants. While the specifics of the EU complaint are not fully detailed in the provided material, it is understood to encompass allegations of market abuse.
One report mentions that the Spanish wholesaler's complaint also involves Exolum, the operator of Spain's fuel pipeline networks and storage facilities, and even the Spanish state, concerning fiscal classification matters.
Past Scrutiny and Financial Penalties
This latest complaint arrives in the wake of other, albeit separate, regulatory actions and legal challenges. Notably, Repsol was previously fined €20.5 million by Spain for practices that squeezed out low-cost rivals, specifically by increasing wholesale diesel prices to independent stations while boosting its own sales volumes and market share.
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Furthermore, fuel retailers, including Moeve and BP, are reportedly facing significant compensation claims from franchise operators. Moeve confirmed a lawsuit from 22 franchise operators seeking €139.4 million, while BP is reportedly facing claims around €51 million. These claims are distinct from the CNMC's recent probe into pricing coordination.
A separate historical ruling in 2009 by the CNMV (Comisión Nacional del Mercado de Valores, Spain's securities regulator, though the context here points to competition matters) found that Repsol, BP, and another entity had engaged in indirect price-fixing through anti-competitive commercial and contractual practices for their service station franchises, resulting in fines totaling approximately €8 million.
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Repsol operates over 3,500 service stations in Spain, while Moeve has expanded its network to around 2,000 stations in Spain and Portugal following its 2024 acquisition of distributor Ballenoil.
