Competition Council Investigations – Brief Practical Instruction Manual

The Romanian Competition Council is assessing, (at the request of the Romanian energy regulator ANRE): (i) the manner by which energy prices are established on the centralized market (OPCOM); (ii) OPCOM's activities generally in the month of January 2017; and (iii) two transactions between yet-unidentified parties in particular. The energy price for the day ahead market ("PZU") for the first week of January was between 184.7 lei / Mhw and 279.6 lei/Mhw, and thereafter rose to 509.2 lei Mhw on 28th of January, with certain suspicious transactions appearing to have been concluded at higher-than-normal prices.

If the preliminary research suggests that the evolution of the price may be traced to anticompetitive conduct by either public or private entities, the Competition Council may launch a full investigation in order to determine the reasons for this price evolution. An investigation may entail dawn raids, requests for information and, if a finding of infringement is