In a private antitrust enforcement case the German Federal Court of Justice held that offering varying prices in the gas retail market by different subsidiaries of the same mother company may be anticompetitive price discrimination by one economic entity. Background German energy markets pose considerable challenges for competition law watchdogs and consumers. The latter in particular complain about high prices despite the liberalisation of the energy markets and a, theoretically, available choice between energy retailers. Not surprisingly, the unsatisfactory state of competition in the energy market has led to investigations of the German Federal Cartel Office [1] and triggered a number of private cases against energy retailers. In the current proceedings the Federal Court of
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The German Federal Court holds in a private antitrust enforcement case that offering varying prices in the gas retail market by different subsidiaries of the same parent company may be anticompetitive price discrimination by one economic entity (Entega)
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