Case details

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Anticompetitive practices
Case reference
PRC/2011/13
Entities involved
  • Galp Açores - Distribuição e Comercialização de Combustiveis e Lubrificantes, SA
  • GALP Madeira - Distrubuição de Combustíveis e Lubrificantes, Lda.
  • Petróleos de Portugal - Petrogal, SA
Natural persons involved
No
Sector
Energy and Fuels
Activity (NACE)
G467 - Wholesale of fuels, metals, construction materials, hardware and other products
Investigated practice
Vertical agreement
Legal provisions
National-Law 19/2012-Article 9
Case origin
Ex-officio
Dawn raids
No
Cooperation with sector regulators
Status
Closed
AdC’s decision
Sanctioning decision
Settlement
No settlement.
Sanction imposed
  • Galp Açores - Distribuição e Comercialização de Combustiveis e Lubrificantes, SA - €440,000.00
  • GALP Madeira - Distrubuição de Combustíveis e Lubrificantes, Lda. - €80,000.00
  • Petróleos de Portugal - Petrogal, SA - €8,770,000.00
Summary of the case

The Portuguese Competition Authority (AdC) opened an infringement proceeding (ex officio) on October 10, 2011 based on the alleged restriction of the active and passive sales of bottled gas outside pre-defined territories by Petrogal of Galp Açores and Galp Madeira. AdC's investigation revealed that Galp Energia group companies prohibited their bottle LPG distributors from selling outside a geographical area defined in the contract, thereby preventing them from competing with other distributors located in neighboring or nearby territories. The AdC concluded that distribution contracts which include a restriction on passive sales are considered anticompetitive and as such prohibited under the Competition Law (article 9 of Law 19/2012) and Article 101 of the TFUE. A condemnatory decision was adopted on January 29, 2015 determining the payment of a fine in a total amount of € 9 290 000,00.

Timeline
Judicial phase chronology - Final decision appeal
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