INTERNATIONAL : APPLICATION OF COMPETITION LAW - BUNDESKARTELLAMT - EU COMMISSION

Application of competition law to the energy sector: An overview and comparison of recent practice by the Bundeskartellamt and the EU Commission

KEYWORDS

This article summarizes and compares the recent enforcement activities of the European Commission and the German Bundeskartellamt in applying competition law to the energy sector, focusing on the decisional practice of the Bundeskartellamt. It discusses sector inquiries by the respective authorities and their effects on the undertakings concerned and on the decisions of the competition authorities. The article comments on the application of the prohibition of abuse of a dominant position in the energy sector, including the Commission’s and Bundeskartellamt’s use of commitment decisions in this area. Last, it deals with recent decisions and investigations concerning collusive behaviour in the energy sector.

I. Introduction 1. This article [1] summarizes some of the key trends in the enforcement of competition law in the energy sector by the German Bundeskartellamt (Federal Cartel Office) and the European Commission, focusing on the decisional practice of the Bundeskartellamt. It also raises questions about the nature of certain developing theories and practices. 2. To aid the reader we have structured the article as follows: – by way of introduction, Section II addresses the inquiries into aspects of the energy sector undertaken by the Commission and the Bundeskartellamt; – Section III comments on the application of article 102 TFEU and §§ 19, 20 GWB (Gesetz gegen Wettbewerbsbeschränkungen, the German Act against Restraints of Competition) respectively in the energy sector, including the

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