Tuesday 8 December 2015

European Commission opens formal investigation into biofuel benchmarking



The European Commission has announced that it has started a formal probe into alleged manipulation of ethanol benchmarks contrary to Article 101 TFEU.  It named three companies (Abengoa, Alcogroup and Lantmannen) based in Spain, Belgium and Sweden as the targets.
The Commission alleges that that the companies conspired to manipulate the prices that they submitted to the international price benchmarking agency Platts whose indices are widely used to price ethanol and ethanol derivatives.  Ethanol is widely used in the production of biofuel used in vehicles.
The Commission believes that the alleged infringement, if proven, could compromise the EU’s energy market objectives by inflating prices for renewable energy.
The Commission launched its investigation in 2013 with dawn raids of some of some of the biggest oil companies.  It then extended its investigation to ethanol with investigations of some ethanol companies in 2014, although it did not formally confirm the names of the companies involved.  The Commission also conducted a further raid in March 2015, again not stating the target of its investigation other than to confirm that the company was active in the production, distribution and trading of ethanol.
In 2013 the Commission proposed a Regulation on indices used in financial contracts and which it intended would promote better standards and integrity in financial markets.  In announcing the formal stage of the current investigation, the Commission has stated that the Regulation is approaching the final stage of adoption by the Council and the Parliament.
The Commission is conducting a separate investigation into whether producers of bioethanol have colluded to fix prices or share markets (Case AT.40244 - Bioethanol).
Case AT.40054 - Oil and Biofuel Markets. Commission press release IP/15/6259.

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