CASE COMMENTS : GERMANY – MERGER CONTROL – DOMINANT POSITION – OLIGOPOLY – ENERGY – MARKET DEFINITION – PROCEDURE – ABANDONMENT OF PROPOSED MERGER

Germany: The Federal Court of Justice clarifies the requirements for proving the existence of an oligopoly on the German petrol station markets (KVR 95/10 ; Total/OMV)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The development of fuel prices at German service stations remains an issue of continuing concern to consumers. Under the eighth amendment of the German Act against Restrictions of Competition, it is planned to amend the German Act against Restrictions of Competition (see Concurrences n° 3-2012), the extension of the ban on margin squeeze. This ban applies in particular to large gasoline producers with both refineries and service stations. The latter are suspected of foreclosing their smaller competitors by selling petrol to them at prices that are too high compared with the (lower) retail prices. Similarly, the Bundeskartellamt has repeatedly kept a watchful

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