The Competition Council examined the draft decision of the National Agency for Energy Regulation on the approval of the natural gas trading platform operated by “BRM East Energy” LLC. This platform is an electronic trading platform through which bids for the purchase/sale of natural gas can be placed and accepted. The creation of such a platform is provided for in the Natural Gas Networks Code, which was approved by the National Agency for Energy Regulation No. 4020/2019. 

Respectively, it was proposed, for a period of 3 years with the possibility of extending the term, to approve the natural gas trading platform, operated by the enterprise “BRM East Energy” LLC. When conducting its activity, the enterprise will be obliged to comply with the legal requirements on the activity of commodity exchanges and the provisions of the regulatory acts of the National Agency for Energy Regulation.

Therewith, taking into account the provisions of competition law, it is presumed that the given enterprise will hold a dominant position in this field. Respectively, “BRM East Energy” LLC will have a special responsibility not to allow the use of its economic power to the detriment of its customers and ultimately to the detriment of consumers. In this connection, the Competition Council is concerned that, according to the submitted draft, the terms and conditions applicable to this trading platform will already be submitted after the approval of the platform by the National Agency for Energy Regulation.

Therefore, for the purpose of ensuring the predictability of the gas trading rules and the costs for the brokerage services on the given platform, the Competition Council considers it appropriate to approve by the National Agency for Energy Regulation the gas trading platform operated by “BRM East Energy” LLC in conjunction with the terms and conditions applicable to this trading platform.

The opinion can be viewed on the official website: www.competition.md , to the section Transparency, Opinions by accessing: Link