Facua denounces 200 gas stations for raising the price unfairly

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It was seen coming and it happened. Before the discount of 20 euro cents per liter of fuel came into force at all gas stations in Spain, many decided to increase their price. Now Facua-Consumers in Action denounces more than 200 gas stations before the Ministry of Consumption and the National Commission of Markets and Competition (CNMC) for raising prices on April 1.

According to a Facua-Consumidores en Acción complaint, 208 gas stations raised the price unfairly before the 20-cent discount approved by the Government came into effect.

According to what Facua has been able to investigate, the reported service stations came to apply increases of at least five cents, just the part that the service station companies have to contribute. This is established by Royal Decree-Law 6/2022, of March 29, urgently approved to alleviate the economic and social consequences of the conflict in Ukraine. We remember that of the 20 cents that are deducted, 15 are paid by the Government and 5 by the gas stations themselves.

After consulting the data on the mornings of March 31 and April 1 through the Geoportal website of the Ministry for Ecological Transition, Facua’s conclusions are that 208 -of the more than 5,000 gas stations that updated their prices and thus they communicated it to said Ministry – they applied rises of 5 cents or more in the prices of diesel. In relation to gasoline 95, the rise occurred in 171 service stations.

unfair competition

Facua asks the CNMC to assess whether all or part of the reported service stations would have violated the legislation and to bring the facts to the attention of the regional authorities for consumer protection. If so, ask to open the corresponding sanctioning files.

On the one hand, the Royal Decree says in its article 21 that “the competent authorities in matters of consumption may sanction unfair commercial practices with consumers or users related to the application of the discount”. This same article also provides that “the National Markets and Competition Commission may hear those acts of unfair competition related to the discount that, by distorting free competition, affect the public interest.”

The big oil companies will apply a mandatory discount of 5 cents that are added to the 15 that the Government discounts.

Facua reminds that the prices that are reported to the public at gas stations do not include the 20-cent discount, which will be applied at the time of payment. Article 16 of the Royal Decree thus explains it: “the retail price of the product must be advertised before applying the discount”.

Set maximum prices for fuels

On the other hand, Facua-Consumers in Action have met with representatives of the United We Can parliamentary group to convey their demands for the association in terms of energy, fuels and consumer protection policies.

It asks the Government to claim in Brussels the return to the system of setting maximum prices for fuels, a measure that was in force in Spain until 1998. This request is motivated by the large price increases and high profit margins that it has brought liberalization in the sector.

Facua asks the Government for a direct limitation on the prices of the electricity companies’ offers in the daily auction.

Limit the price of electricity

It also urges the Government to implement fraud control protocols in the electricity sector in order to be able to identify and act against misleading offers from companies and non-compliance with contract periods. According to Facua’s complaint, various marketers have applied increases in their rates in the last year without respecting the duration of the contracts.

Similarly, it asks the Executive to take “more forceful measures in the face of high electricity rates because the proposal to limit gas to 30 euros per megawatt hour (MWh) is totally insufficient.” Facua requests a direct limitation on the prices of the electricity companies’ offers in the daily auction, so that it is established at 50 euros/MWh, compared to the 180 that were set until July 2021 and the 3,000 in force since then. Without a doubt, a measure that will reduce household spending, especially for those who recharge an electric or plug-in hybrid car.

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