Tag Archive for 'GWB'

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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German Cartel Office Still Cautious with Market Definition in Gas Market, But Clears Merger of Regional Gas Supplier ESW Gas

A decision (ref. no. B8 124/11) taken by the German Cartel Office in March, clearing the merger of  ESW GasVertrieb GmbH (ESW Gas) with Energie Südwest AG (ESW AG), is now available online. The decision was taken following a review by the Cartel Office, as the majority shareholder of ESW AG is Enovos Deutschland AG (Enovos), the established transnational gas supplier in the German state of Saarland, southern Rhineland-Palatinate and Luxembourg, which was formed by a merger of Saar Ferngas and two electricity and gas companies from Luxembourg.

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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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Federal Cartel Office Clears 24% RWE Stake in Stadtwerke Unna

RWE AG (RWE) has been granted clearance for its 24% stake in the municipal utility Stadtwerke Unna GmbH (SWU) by the Bundeskartellamt (German Federal Cartel Office), following a detailed examination pursuant to the merger control regulations of the German Act against Restraints on Competition (GWB). Bundeskartellamt held that the merger did not reinforce RWE’s position in the electricity markets.

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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’

President of Cartel Office Calls for Change in Support Program for Renewable Energy

Andreas Mundt, president of the German Cartel Office, said promoting renewable energy should become more market-oriented. Admitting unlimited renewable energy into the German grid at fixed feed-in tariffs was incompatible with the concept of a free market.

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The Competition Law Angle of a Nuclear Phase-Out Reversal

Last week, the new president of the German Cartel Office, Andreas Mundt, was reported to only accept an extension of the life-span of the German nuclear power plants in return for competition enhancing concessions by the four major German utilities, E.ON AG, RWE AG, EnBW AG and Vattenfall Europe AG.   Continue reading ‘The Competition Law Angle of a Nuclear Phase-Out Reversal’

German Cartel Office Criticizes Access to Gas Grid and Investigates Resale Clauses

A comprehensive sector study by the German Cartel Office concluded that the operators of the German long-distance gas pipelines obstruct competition by concluding long-term contracts with subsidiaries or affiliated companies, thereby reserving important entry points for group companies. Continue reading ‘German Cartel Office Criticizes Access to Gas Grid and Investigates Resale Clauses’