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One of the ideas of the American writer Mark Twain states that success in life is due to two things: ignorance and perseverance. Even though he is not one of the government's favorite perpetrators, they seem to follow his worldview because their stubbornness to stop the deal for CEZ's Bulgarian badets has produced the "big deal". one of the most astonishing decisions of the Commission for the Protection of Competition (19659003) According to the CPC, " there is a horizontal overlap between the activities [купувача Инерком България и дружествата на ЧЕЗ] on the market for production and supply wholesale electricity from photovoltaic plants […и] also produces vertical effects in downstream markets, namely the electricity distribution, supply / supply markets. in electricity, electricity trade and trade-related balancing coordination services " Reading the CPC man's decision has the impression that the regulator of & dquo; Independent specialized state can accept any solution with the simple argument "because that is" . Since we respect our readers, we will leave aside the contradictions opened in the decision [1] the suppression of publicly available information and their treatment as a commercial secret [2] and the inaccuracies revealed [3] we decided to focus on both availability arguments of horizontal and vertical integration that could lead to "establish or strengthen the dominant position of the unified group."
It is difficult to claim that after the acquisition of the CEZ badets, the new company will increase its share but the production of electricity from photovoltaic plants (FET), because it is negligible – only 2.5%, as shown in Table 1. 
[19659013] The situation regarding the electricity generation of the new group is also negligible with regard to the electricity production of the FEP as well only in the context of total production and consumption in the country. If the installed capacity of 26 MW, which generates respectively 2.8% of CPF production in the country and about 0.1% of total production and consumption, can have an impact on the market, the CPC n & # Has not yet been determined. Kozloduy NPP with an installed capacity of 2000 MW, which represents more than 36% of total generation
Table 2 *: Net output and wholesale trade at preferential prices (net specific output) and freely negotiated prices of the new group, Total FPC for the country, total in the country for all tech as well as internal consumption in 2017. In terms of vertical integration, the situation is even more absurd, because by law it is forbidden that all the activities of the CEZ – production, distribution and access, commerce, public electricity supply are separated into separate companies
According to the CPC, the existence of an owner of a power plant is not the same. companies do almost all the activities along the chain is a vertical whole it should be the same for the other two owners of electricity distribution companies – EVN and Energo Pro
In addition, it should be the same for BEH, which includes the electricity producers, ESO, which provides transmission and access to the high-voltage grid, such as NEK, which ensures supply and trade
In addition, only the NECs are concentrated production, public supply, and electricity trade. In addition, when buying E.ON's badets from Energo Pro, the situation was the same, even the production capacities were higher than those of Iernom and CEZ , but the CPC saw no problem
The idea that because the new group has production capacity, a distribution network, and provides services for the public supply of electricity he will be able to take advantage of him is completely divorced with reality
Even the CPC points out that only CEZ's FEP is connected to the distribution network So how do we talk about vertical integration ?! Similarly, any owner of generating capacity who owns an electricity merchant can also be considered a vertically integrated company, which is obviously not the case.
According to "Methodology for determining the market position of companies, the Commission has estimated that […за притеснителен] a combined market share of companies in the concentration could be greater than 40%, because in this case, this could lead to the creation or strengthening of a dominant position, following which Although the separate companies of the new group are far from this market share, the CPC considers that "taking into account of the vertically integrated acquisition group CEZ which has a stable financial resource and experience in the electricity sector, creates preconditions for the notified transaction to result in the establishment or the strengthening of the dominant position of the unified group "
Therefore, there is no company capable of acquiring the badets of CEZ, ka the acquired business res will always be "with a solid financial resource and experience in the electricity sector" . But as we said at the beginning – to succeed in life, you must be ignorant and stubborn. Since the KEVR can not stop the case because it has such powers but there are no guidelines (to be determined by parliament) how to use them, the controllers have use the next regulator who can do the same job. However, the arguments are absurd both with regard to a potential purchaser of CEZ badets, as well as for existing private and public companies in the sector. The important thing is that the case is suspended for the moment, and the consequences will be reflected later.
[1] In its 2005 decision, CPC badumes that electricity production can be segmented according to the energy used, but in the next decision of 2011, it badumes that "electricity" will be used. there can be no segmentation since this difference is accounted for by the regulator. setting the regulated prices, and in the open market all producers are equal participants. However, in this decision, the Commission decided to segment the electricity generation market, in particular from photovoltaic plants, despite the aforementioned arguments. This is strange, because this electricity is purchased either at prices regulated by NEK, or at prices freely traded in the market of the day ahead or in the market of the equilibrium energy where it is in competition with all other participants. In other words, there is no separate market for electricity produced by photovoltaic plants
[2] Data on installed capacity, electricity production , the net specific hours for which electricity is purchased at preferential prices, the duration of long-term contracts and their final date for all companies are public and available on the website of the Agency. development
[3] The Commission does not distinguish between units of measurement and claims that the size of the regulated market in 2017 is 13,865 MWh, whereas it rightly considered that free market was the same year 17 155 342 MWh
* is published on the site of the IME under the title "CPC is an independent specialized state agency
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