The European Commission said on Monday it has sent a
statement of objections to state-operated Bulgarian Energy Holding (BEH) and two
of its units, informing them that they may have breached EU antitrust
rules.
At this stage, the Commission has concerns that BEH and gas
monopoly Bulgargaz and gas transmission system operator Bulgartransgaz have
refused to give competitors access to the gas transmission network and the gas
storage facility, as well as reserved capacity they do not need on the gas
import pipeline, it said in a statement on its website.
"If the concerns
are justified this behaviour would have reduced and continues to reduce
competition in gas supply markets in Bulgaria," the Commission noted, adding,
that its provisional finding is that these practices may constitute an abuse of
BEH's dominant position.
The sending of a statement of objections does
not prejudge the outcome of the investigation, the Commission noted.
The
Commission opened formal proceedings against BEH in July 2013 to investigate
whether the company may be abusing its dominant market position in the gas
market in Bulgaria.
In a separate investigation, in August 2014 the
Commission issued a statement of objections to BEH concerning possible
territorial restrictions in its electricity supply contracts with traders on the
non-regulated Bulgarian wholesale electricity market.
A statement of
objections is a formal step in Commission investigations into suspected
violations of EU antitrust rules.
If, after the parties have exercised
their rights of defence, the Commission concludes that there is evidence of an
infringement, it can issue a decision prohibiting the conduct and impose a fine
of up to 10% of a company’s annual worldwide turnover.