Brussels, 25 July 2024
The Commission has decided to close its antitrust investigation into allegedly anticompetitive behaviour by EPEX Spot SE in the market for electricity intraday trading facilitation services in at least six Member States (Austria, Belgium, France, Germany, Luxembourg, and the Netherlands).
The Commission opened a formal investigation into EPEX Spot SE’s practices on 30 March 2021, following a complaint lodged in May 2020. The Commission’s investigation focussed on whether EPEX Spot SE may have adopted behaviours aimed at foreclosing its competitors by curtailing the ability of their customers to access the entire liquidity of the intraday market in the Member States concerned, in breach of Article 102 of the Treaty on the Functioning of the European Union.
In June 2024, the complainant decided to withdraw its complaint following the adoption of Regulation (EU) 2024/1747, amending Regulations (EU) 2019/942 and (EU) 2019/943 as regards improving the Union’s electricity market design. Article 2 of Regulation 2024/1747 introduces an obligation for market operators within a bidding zone to share the order books, also when the cross-zonal capacities are set to zero or after the gate closure time of the intraday market. This measure will improve liquidity in the intraday market and accommodate the participation of renewable energy technologies.
In view of this withdrawal, the Commission has decided to close its investigation. The closure of the investigation is not a finding that the conduct in question complies with EU competition rules. The Commission will continue to monitor business practices in the electricity intraday trading market.
More information will be available on the Commission’s competition website, in the public case register under the case number AT.40700.