The Council of the National Competition Commission (“NCC”) has given conditional clearance to Disa Corporación Petrolífera S.A.’s (“DISA”) acquisition of control over Shell Aviation España, SL (“SAE”), a subsidiary of Shell that supplies aviation fuel in Spain. As a result of this transaction, DISA and Shell will have joint control over SAE.
In its analysis, the NCC confirmed that in relation to the aviation fuel storage and logistics markets, DISA is the only company that can provide access to some Spanish islands, given that it is the only logistics operator with a boat fleet to transport fuel between islands. Additionally, in some islands, DISA’s infrastructure is also necessary to gain access to airports as there are no alternatives.
The Council of the NCC has authorised the transaction on the basis of three commitments. The first two address DISA’s conduct in relation to third party access to its infrastructure (the first being fixed transport installations and fuel storage in the Canary Islands and the second being maritime transport services for aviation fuel between islands). These two commitments will be carried out through the publication on DISA’s webpage of the necessary information to ensure access and to hire transport from these infrastructures, such as methodology, tariffs and access systems. The purpose of these commitments is to provide access under transparent, objective and non-discriminatory conditions.
The third commitment is to prevent further structural links between competitors in the aviation fuel supply market. The NCC forces DISA and Shell to exclude their shares in CMD Aeropuertos Canarios S.L. and Spanish Intoplane Services S.L. (which render into-plane services) from the joint venture.