II.2.3.

II.2.3.

Will the Agency prosecute cases of market abuse?


Answer: ACER will not directly prosecute cases of market abuse but will continue coordinating cases with NRAs in accordance with Article 16 of REMIT, which are competent to investigate and enforce REMIT. In addition, with the entry into force of the Regulation amending REMIT, ACER was granted enhanced powers to investigate instances of market abuse for specific cross-border cases, provided that the relevant national regulatory authority does not object under preestablished grounds. These powers include the possibility to conduct on-site inspections; to issue requests for information; to take statements; and to impose penalty payments for the non-compliance with such investigations. Upon completion of its investigation, ACER shall draw up an investigation report setting out its findings.

Updated: 
12/03/2025