The National Commission on Markets and Competition (CNMC) has initiated sanction proceedings against Exolum Corporation over three possible abuses of a dominant position in the markets for the transport and storage of liquid hydrocarbons, biofuels and other chemical products. The investigation examines the application of allegedly excessive tariffs and restrictions on access to logistics infrastructure used to distribute petroleum products, particularly at the port of Tarragona.
The proceedings, identified by reference S/0005/26, were opened after the Competition Directorate analyzed several reports prepared by the Regulatory Supervision Chamber and a dispute related to third-party access to hydrocarbon transport facilities. As part of its investigation, the supervisory body conducted an inspection at Exolum’s headquarters to gather information about the practices under investigation.
The CNMC considers that the company, as Spain’s leading primary logistics operator for liquid hydrocarbons, may have used its market position to maintain high margins by raising its tariffs. In parallel, it is investigating whether certain decisions on access to its facilities have restricted the activities of other operators that need to use the pipeline network to provide their services.
According to the regulator, these practices may have affected both competing companies and consumers. In the first case, because of difficulties accessing infrastructure needed to distribute petroleum products; in the second, because higher logistics costs may have been passed on to final prices. The CNMC has not quantified these possible effects in its announcement of the opening of the proceedings.
One documented precedent is the dispute brought by Euroenergo España, a company that owns a terminal for storing petroleum products and biofuels at the port of Tarragona. In June 2024, the company filed a complaint with the CNMC over Exolum’s refusal to allow its facilities to connect to the national pipeline network.
The dispute stemmed from the contractual relationship the two companies had established in October 2011 to use an indirect connection through Terquimsa III’s facilities. According to the regulator’s documentation, Exolum notified the company in 2019 that the agreement was ending, prompting successive negotiations to restore access.
Euroenergo has a terminal in Tarragona with a capacity of 331,000 cubic meters, distributed across 18 tanks, and three berths for ships. The company argued that the lack of a connection to the pipeline network limited its national distribution options and made its logistics activity dependent on operations by ship and truck.
On November 25, 2025, the CNMC’s Regulatory Supervision Chamber ruled in favor of Euroenergo in that dispute. In its ruling, under case file CFT/DE/199/24, it found that Exolum’s refusal to allow access through negotiations on non-discriminatory, transparent and objective technical and financial terms violated Article 41 of Law 34/1998 on the Hydrocarbons Sector.
The regulator then gave Exolum one month from notification of the ruling to submit a commercial offer to Euroenergo that would allow the parties to negotiate a new contract for an indirect connection through Terquimsa III. It also stipulated that the terms and duration of the agreement should correspond to the existing contracts between Exolum and Terquimsa, and that the outcome should be reported to the CNMC.
During those proceedings, Exolum argued that the requested connection posed technical difficulties related to operational safety, the quality of the products transported and the configuration of its logistics system. The company also denied abusing its dominant position or engaging in discriminatory treatment. These arguments are set out in the 2025 ruling and relate to that access dispute, not to a public response to the sanction proceedings announced this Wednesday.
The infrastructure under investigation is part of Exolum’s liquid hydrocarbon pipeline transport system in Spain, which extends for more than 4,000 kilometers. According to figures published by the company itself, its domestic operations also include 35 storage facilities with a combined capacity of nearly eight million cubic meters. This network enables petroleum products to be transported and stored for subsequent distribution to various points of consumption.
The practices examined in the new proceedings could constitute violations of Article 2 of Law 15/2007 on the Defense of Competition, which prohibits the abusive exploitation of a dominant position. The practices covered by this provision include imposing unfair prices or trading conditions and unjustifiably refusing requests to provide services.
The opening of the sanction proceedings is separate from the administrative ruling adopted in 2025 on the access dispute and does not mean that the three alleged infringements under investigation have been established. The Competition Directorate now has a maximum of 24 months to process and resolve the case, the CNMC said.
