Competition Council Probes LPG Port Operations Market

The Competition Council has launched an investigation into a possible abuse of dominant position by Octogon Gas & Logistics SRL in the liquefied petroleum gas (LPG) port operations market.

Octogon Gas & Logistics SRL, owned by NSS Oil & Gas SRL, is the only company providing LPG port operation services (unloading/loading, handling/transshipment, storage) at Midia Port.

The competition authority has indications that Octogon Gas & Logistics SRL may have refused to provide services to a company active in the wholesale LPG market.

Under competition law, a company holding a dominant position may adopt strategies necessary to protect its commercial interests, but such measures must be reasonable and proportional to the effects they may cause. Thus, a dominant company’s refusal to supply products/services to an established client, without objective justification, could constitute abuse.

As part of the investigation, unannounced inspections were carried out at the headquarters and operational sites of NSS Oil & Gas SRL and Octogon Gas & Logistics SRL.

These inspections were authorized by the Bucharest Court of Appeal and were deemed necessary to obtain all relevant information and documents to clarify the alleged anticompetitive practices. The documents collected during the inspections are currently under review by the Romanian competition authority as part of the investigation process.

The unannounced inspections are a preliminary stage of the investigation, and their execution does not imply that the Competition Council has determined a breach of competition law.