Romania’s Competition Council has carried out unannounced inspections at the headquarters of CFR SA and its subsidiary Electrificare CFR SA as part of an investigation into a suspected abuse of dominant position in the railway sector.
According to the authority, the investigation focuses on CFR SA in its role as administrator of Romania’s electrified railway infrastructure. The Competition Council is examining whether certain conduct by CFR SA — including the alleged failure to implement investments necessary for the proper functioning of the traction power supply system — may have resulted in the maintenance of technical barriers that restrict market access for alternative suppliers of traction electricity.
Electrificare CFR SA, a subsidiary of CFR SA, is currently the supplier of traction electricity within the national railway network, while CFR SA controls the underlying infrastructure. The authority is assessing whether this vertical structure, combined with the alleged conduct, may have limited competition in the market for the supply of traction electric energy in Romania.
The unannounced inspections were authorised by the Bucharest Court of Appeal and are aimed at collecting information and documents necessary to clarify the factual and legal circumstances under review. The Competition Council stressed that the conduct of dawn raids does not imply a finding of infringement.
Under Romanian competition law, the abusive exploitation of a dominant position by one or more undertakings is prohibited where it has the object or effect of restricting competition, harming economic activity or prejudicing consumers.