Bogdan Tudorache
The inclusion of Electrica in the “black list” published by the Competition Council violates the rights and harms Electrica’s image, as it is associated with the idea of proven guilt, which is without legal basis, the company reports.
The Competition Council published last week, on its website, for the first time, the blacklist of companies that have been involved in investigations into the rigging of public tenders. The list contains a number of 35 companies that have been involved in investigations into fraudulent tenders, sanctioning decisions from the last three years, as well as mentions on how to cooperate with the national competition authority.
Electrica officials say, however, that the auction in question concerned electric meters and related equipment, and the company is not a manufacturer of such equipment, being only a mediator in a third party transaction.
”Societatea Energetică Electrica SA was sanctioned by the Competition Council by Decision no. 77 / 20.12.2017, the authority retaining the quality of ‘facilitator’ (concept not definitively confirmed by the Romanian courts). The company fully cooperated with the Competition Council during the investigation, beyond the legal obligation and was not mentioned in the evidence of the competition authority as a participant in the market agreements. At the same time, considering the fact that Electrica is not a producer of electric meters, we consider that it cannot be held that the company participated in any agreement to share the market for the sale of meters and related electricity metering equipment in Romania,” company official said.
“Electrica has challenged the Decision, and the case is pending before the High Court of Cassation and Justice, with a trial date of 09.02.2022, so that, at this moment, there is no final court decision. In this context, the inclusion of Electrica in the “black list” prepared by the Competition Council violates the rights and harms Electrica’s image, as it is associated with the idea of proven guilt, which is without legal basis. Consequently, Electrica will contact the representatives of the Competition Council in order to request the removal of the company from the list drawn up by the authority,” Electrica officials claim.
“Electrica recalls that in the commission of the facts retained by the Competition Council were not involved persons who had the power to represent the company and did not act under a mandate granted by the company, meaning that the company conducted internal investigations and these internal steps, proceeded to the adoption of the necessary legal measures. Furthermore, we emphasize that the events covered by the Decision relate to the sale by several companies of meters and related electricity metering equipment in Romania in the context of the procedures for the award of supply contracts between 27 November 2008 – 30 September 2015 and by Electrica, as a facilitator, between November 24, 2010 – September 30, 2015.
Electrica is a company with majority private capital, organized according to the highest standards of corporate governance and has a policy of zero tolerance for any violations of applicable laws. In this sense, at the company level there is a program to ensure compliance with competition law (disseminated, implemented and assumed by employees).
We also remind you that Electrica is a listed company, and the unfounded information made public can negatively influence the share price and future financing possibilities.”