Competition archives the investigation for the rise in fuels during the war in Ukraine

BarcelonaThe National Markets and Competition Commission (CNMC) has filed the investigation against BP, Cepsa (now Moeve) and Repsol for possible agreements on pricing policies and possible abuse of collective dominant position. The CNMC was investigating the complaints filed by two industry associations (AESAE and ACIH) in 2022, coinciding with the early months of the war in Ukraine, when fuel prices soared to record highs.

According to these complaints, Repsol, Cepsa and BP would have abused their collective dominant position and would have carried out collusive practices with the competition to increase their market shares in the context of rising fuel prices due to the Russian invasion of Ukraine. These alleged practices would have consisted, on the one hand, in increasing wholesale selling prices to independent (low cost) gas stations – those that buy fuel from them – and, on the other hand, in applying discounts to their retail customers through loyalty and payment cards.

Regarding information exchange, BP and Cepsa learned about the discount policies that Repsol intended to adopt through the media and public information. Both companies were negatively affected by a loss of customers, some of whom were captured by Repsol.

The CNMC has agreed not to initiate sanctioning proceedings and to file the actions taken against these companies, considering that there are no indications of an infringement of articles 1 and 2 of the competition defense law, as indicated in a statement by the supervisory body.

The competition guarantor body has therefore not found any indication of the existence of information exchange or collusion between Repsol, Cepsa and BP. Likewise, it considers that there are no indications of the existence of a collective dominant position among the aforementioned companies.

On the other hand, Repsol had a refining capacity in 2022 much higher than that of its rivals and larger market shares, so it did not act together with BP and Cepsa as a single collective entity from an economic point of view, indicates the CNMC.

Previous fine for Repsol

In a different sanctioning procedure concluded in January 2026, the CNMC did indeed sanction Repsol with 20.5 million euros for having abused its dominant position in the wholesale market for the distribution of automotive fuels at service stations.

In this regard, the company was held responsible for a margin squeeze consisting of applying, among other conduct, policies of volume retention and price increases for diesel A (GOA) to its rivals (independent gas stations) in this market.

In the retail market, the practices consisted of selling automotive fuels at service stations and a campaign of price discounts to professional clients that exceeded the benefits it was obliged to apply under the measures approved by the government at the time.