The President of the Office of Competition and Consumer Protection (UOKiK) has launched an investigation into the ENEA Group, one of Poland's largest energy companies, over allegations of anticompetitive behavior. This follows searches conducted at three companies within the ENEA capital group.

Reports received by UOKiK suggest that ENEA may have preferentially treated applications for connecting renewable energy installations to the electricity grid from companies within its own group and certain unrelated businesses. This could have involved issuing connection conditions to selected companies despite not meeting formal requirements or bypassing the order of application submissions.

As a result of these actions, other entities seeking to connect their renewable energy installations to the ENEA Operator's network may have been disadvantaged. The preferential granting of connection conditions could lead to the depletion of available connection capacity at balancing nodes, resulting in refusals for other entities due to a lack of technical conditions.

Refusing access to essential infrastructure may constitute an abuse of dominance if the dominant entity fails to provide such access or selectively worsens access conditions. The investigation is also examining the possibility of illegal agreements between ENEA Operator and entities that received preferential treatment in connecting renewable energy installations.

UOKiK is analyzing whether the ENEA Group may have engaged in practices that restrict competition, particularly regarding its management of access to the distribution network for renewable energy in Poland. The investigation is currently focused on gathering evidence, and if suspicions are confirmed, UOKiK may initiate antitrust proceedings against specific entities.

Violations of antitrust law can result in fines of up to 10% of a company's turnover. However, companies can avoid severe penalties through a leniency program, which offers reduced or waived fines for those cooperating with UOKiK as whistleblowers.