Tag Archive for 'antitrust'

Reform of the Act against Restraints of Competition (GWB): Federal Cartel Office to Loose Price Control of Public Law Utility Fees

The Mediation Committee of the Bundestag and the Bundesrat today reached a compromise on the long-awaited 8th reform of the German Act against Restraints of Competition. The reform which inter alia unexpected last-minute changes on the competence of German competition authorities regarding price control of fees levied by public utilities organized under pubic law.

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Bundestag Passes 8th Amendment of Act Against Restraint of Competition

On 18 October 2012 the German Parliament (Bundestag) adopted the 8th Amendment of the Act Against Restraints on Competition (GWB; ref. no. 17/9852) as amended by the Bundestag’s Economics and Technology Committee (ref. no. 17/11053. The bill contains provisions affecting the electricity and gas sector.

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Federal Cabinet Adopts 8th GWB Amendment

The Federal Cabinet adopted an 8th Amendment of the German Act Against Restraints on Competition (Gesetz gegen Wettbewerbsbeschränkungen – GWB), the Federal Ministry of Economics and Technology (BMWi) informed.

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BMWi Presents Ministerial Draft Bill for 8th GWB Amendment

Based on the key point paper presented in August, the Federal Ministry of Economics and Technology (BMWi) has submitted a ministerial draft bill (Referentenentwurf) for an 8th Amendment of the German Act Against Restraints on Competition (Gesetz gegen Wettbewerbsbeschränkungen – GWB) to the federal states (Länder) and industry associations.

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Energy Aspects of Proposed 8th GWB Amendment

The energy exit package is not the end of German energy legislation. The government is currently considering energy related changes in the German Act Against Restraints on Competition (Gesetz gegen Wettbewerbsbeschränkungen – GWB). Continue reading ‘Energy Aspects of Proposed 8th GWB Amendment’

German Cartel Office Clears Evonik Steag Acquisition

The German Cartel Office has cleared the sale of a 51% stake in the Essen-based Evonik Steag GmbH to a holding company of seven municipal utilities located in North Rhine-Westphalia (Kommunale Beteiligungsgesellschaft GmbH). The Office also stopped antitrust proceedings against Evonik Industries AG and RWE AG relating to electricity contract clauses suspected to restrict competition.

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German Cartel Office Sector Inquiry Finds no Evidence of Abuse of Market Power in Electricity Wholesale Market

The sector inquiry into the electricity wholesale sector which the German Cartel Office it launched in March 2009 found no evidence of market abuse by the main players, but revealed an unsatisfactory competitive sitution, the Office said in a press release.

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Electricity and Gas Concession Agreement Guideline Issued by Federal Cartel Office and Federal Network Agency

Many of the about 20,000 gas and electricity concession agreements between municipalities and utilities for the use of public property are about to expire. A new Joint Guideline by the Federal Cartel Office and the Federal Network Agency shall provide guidance for new concession agreements, particularly in light of recent remunicipalisation developments.

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Limitations on Gas Contract Duration and Supply Quota Expired

Between 2006 and 2008 Bundeskartellamt (German Cartel Office) had investigated 15 national and regional gas transmission companies for foreclosing the market for the supply of gas to regional and local distributors by concluding long-term gas supply contracts. This led to decisions requiring the companies to limit the duration and supply quotas of gas supply contracts. After a market evaluation published in June, Bundeskartellamt decided not to extend these limitations beyond 30 September 2010.

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German Cartel Office Clears RWE Shareholdings in Stadtwerke Lingen and Radevormwald

In a recent decision (30 April 2010, ref.no. B 8 – 109/09), the German Cartel Office (Bundeskartellamt) granted – inter alia – conditional clearance to an unlimited extension of an indirect shareholding of RWE AG in the municipal utilities of the towns of Lingen and Radevormwald, pursuant to the merger control regulations of the German Act against Restraints on Competition.   Continue reading ‘German Cartel Office Clears RWE Shareholdings in Stadtwerke Lingen and Radevormwald’