ACER unveils its playbook to investigate cross-border REMIT energy market abuse

ACER has published its Rules of Procedure setting out how it will conduct cross-border investigations into suspected energy market abuse. 

Why do the new rules for cross-border probes matter?

Europe has an EU-wide framework (called REMIT) to detect and deter abuse in wholesale energy markets. Breaches of REMIT are enforced at national level by energy regulators. However, market manipulation and abuse often transcend national borders and cases can be sophisticated.

In 2024, EU legislators updated the REMIT framework giving ACER additional tasks, including the mandate to investigate cross-border cases.

ACER’s expanded role helps build a stronger regulatory framework, promoting openness and confidence in EU energy markets, and strengthens trust that wholesale energy prices are transparent and fair. 

What is the scope of ACER’s cross-border investigatory mandate?

ACER can investigate REMIT cases that affect two or more countries, including breaches of:

• prohibitions on insider trading and market manipulation;
• obligations to disclose inside information and to report data; and
• obligations on persons professionally arranging and executing transactions (PPAETs).

When investigating cases with a cross-border dimension, ACER may carry out searches of premises, request information, ask questions of individuals and take statements. 

REMIT enforcement remains the responsibility of national regulatory authorities (NRAs), not ACER.

ACER’s Rules of Procedure for REMIT investigations

ACER’s new Rules of Procedure establish the procedural framework within which ACER carries out its investigatory tasks under REMIT. Their publication ensures legal certainty, due process, fairness and efficiency. The rules set out the main stages of ACER’s investigations, the related decision-making and the rights and obligations of the persons concerned. 

These rules mark an important milestone. As ACER and NRAs continue to work closely together, they will play a key role in ensuring robust, consistent and legally sound enforcement across borders.

What’s next? 

• ACER moves into action on cross-border investigations from the second half of 2026.
• The annual REMIT workshop, organised jointly by ACER and the European Commission, will take place in the summer.
• ACER’s upcoming public consultation on REMIT transaction reporting will gather input from market participants to help shape practical guidance under the revised REMIT framework.
• New guidance on data reporting and updated LNG market data practices will be introduced, following the adoption of REMIT secondary legislation.
• Stakeholders will continue to receive updates and support through online resources.

Have you noticed a potential breach of REMIT rules?

Report it through our notification platform.