The Vattenfall / Nuon Energy case — Upholding competition on electricity retail markets in Germany*I. Introduction The Vattenfall/Nuon case  concerned the merger between two energy utilities with activities in both electricity and gas markets. However, the only significant overlaps between the two undertakings’ operations were in the retail supply of electricity to small customers in Berlin and Hamburg. For this reason, the Commission focused its enquiry on the scope of electricity retail markets for small users in Germany. The Commission’s investigation showed, as had earlier investigations by the German Federal Cartel Office (“Bundeskartellamt”) relating to these markets, that despite an increasing level of competition in electricity retail markets for small customers in Germany,
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