A German Court confirms a decision of the local competition authority in which excessive retail water prices were prohibited on the basis of former German competition law provisions that still apply to the public water sector (Wasserversorgung Wetzlar)

I. Background The ruling of the Higher Regional Court Frankfurt/ Main (Oberlandesgericht Frankfurt/ Main) confirms a decision of the competition authority of the Federal State Hesse in which the authority prohibited excessive water prices on the retail level charged by the public water supplier in Wetzlar. In its decision from 9 May 2008 the competition authority set a price cap to which the local water supplier was bound for a certain time period. The addressee of the decision eventually appealed to the Higher Regional Court. Both the decision of the competition authority as well as the ruling of the Court are highly controversial because competition law rules have been applied to the retail water supply sector for the first time in years. As an immediate consequence, many of the -

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Joerg Meinzenbach, A German Court confirms a decision of the local competition authority in which excessive retail water prices were prohibited on the basis of former German competition law provisions that still apply to the public water sector (Wasserversorgung Wetzlar), 18 November 2008, e-Competitions Bulletin November 2008, Art. N° 27799

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