The European Commission has undertaken unannounced inspections at the premises of undertakings managing power exchange that are suspected of cartel agreements.
The undertakings concerned provide services that facilitate electricity trading at wholesale level.
The fact that the Commission decided to carry out unannounced inspections is a sign that it suspects that these undertakings are engaged in cartel agreements that are prohibited under Article 101 of the Treaty on the Functioning of the European Union, according to which the following are prohibited:
“all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within the internal market, etc.”.
However, the Commission emphasized that these preliminary steps ahead of a proper investigation do not mean that the companies are guilty of cartel agreements and it insisted that, in accordance with the right of defence, the companies concerned will be given a proper chance to be heard.
The dawn raids started on 7 February 2012, and the total length of the investigation will depend on the complexity of the case.
Officials from the national competition authorities were also present at the companies’ premises.
At the very beginning of an inspection, the Commission’s representatives must hand to the undertaking’s representatives a copy of the authorization to conduct the inspection. The authorization will define the precise subject matter of the dawn raid. This subject matter can not in any event be altered afterwards.
During the course of the dawn raid, the Commission is entitled to request oral explanations on the facts strictly related to the subject matter of the inspection and take copies of, or extracts from, books and records. It is also entitled to seal business premises and books.
All the data obtained or copied in the course of the investigation must be processed in compliance with Regulation 45/2001 on the protection of individuals with regard to the processing of personal data by Community institutions and bodies, and on the free movement of such data.
At the moment, the identity of the undertakings concerned remains confidential.
