At a meeting of the Plenary Session of the Competition Commission on March 15, 2022, it was decided, unanimously, the approval of the notified concentration concerning the acquisition of sole control by the company ITALGAS NEWCO SRL “, 100% subsidiary of the company” ITALGAS SPA “and controlled by Italian State, on DEPA Infrastructure and through it, its three subsidiaries.
These are “ATTICA GAS DISTRIBUTION COMPANY SA”, “THESSALONIKI-THESSALIA GAS DISTRIBUTION COMPANY SA” and “PUBLIC COMPANY OF GAS DISTRIBUTION NETWORKS SA”.
As the Competition Commission notes in its relevant announcement, “the concentration concerns the gas transportation market (primary) with geographical dimension the Greek territory and the gas distribution market with geographical dimension a) the Prefecture of Attica the gas distribution network that develops and operates exclusively the “GAS DISTRIBUTION COMPANY OF ATTICA SA”, b) the Prefectures of Thessaloniki-Thessaly where it develops and operates the relevant natural gas distribution networks exclusively the “NATURAL GAS DISTRIBUTION COMPANY OF THESSALONIKI-THESSALY and operates the rest of Greece) gas distribution networks exclusively the “PUBLIC ENTERPRISE OF GAS DISTRIBUTION NETWORKS SA”, except for the regions of the rest of Greece where other distribution networks of third companies are developed and operate.
According to the Decision, although the natural gas transmission market is theoretically upstream market of the natural gas distribution market in the sense that the natural gas transported through the National Natural Gas System (NSF) is channeled (through the NSRF Exit Points) to the final distribution networks. , DESFA, the manager of the NSRF which is controlled by the CDP Group (and can be described as a passive investor in the acquiring Italgas) does not contract with the Distribution Network Operators for the purposes of this transmission and distribution of natural gas (performed by third companies users of ESFA) and, therefore, the classic vertical supplier-customer relationship between DESFA and EDAA, EDA THESSA and DEDA disappears. Therefore, there is no question of excluding the access of competitors of EDAA, EDA THESSA and DEDA to inputs, while conversely there is no question of excluding the access of DESFA competitors to customers, who in any case do not exist due to the natural monopoly of the National System. our country.
The companies EDAA, EDA THESS and DEDA operators of natural gas distribution networks in our country are obliged, in order to avoid any discrimination between users or categories of users of the Network, equal access to the Network of Gas Suppliers and Customers and / or the connection to the Network. those who request it, in accordance with the terms and conditions set out in the law and supervised by the Energy Regulatory Authority
The merger does not provide the capacity and incentive for DESFA to limit the development of the NSRF in such a way as to adversely affect the development and ultimately the interconnection of distribution networks managed by competitors of EDAA, EDA THESSA and DEDA.
The merger also does not bring about any change in the structure of the wholesale gas supply market or in the structure of the retail gas supply market, as none of the participating parties are active in these markets while CDP’s participation in the EMI ZENITH natural gas retail company has the character of a passive investor.
In any case, it is pointed out for reasons of completeness, that the access to the NSRF networks as well as to the gas distribution networks and the pricing of the access are regulated by law 4001/2011 and by the individual regulatory decisions issued by the Energy Regulatory Authority.
Therefore, the Competition Commission, in Plenary, unanimously approved according to article 8 par. 3 of law 3959/2011, the notified concentration that concerns the change of control, given that this concentration, despite falling within its scope paragraph 1 of article 6 of law 3959/2011, does not cause serious doubts, as to its compatibility with the operating requirements of the competition in the relevant relevant markets in which it concerns, namely the transmission and distribution of natural gas in Greece “.
Source: Capital
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