The Bundeskartellamt (BKartA) has initiated its first proceeding under Section 32f(3) of the German Act against Restraints of Competition (GWB) to investigate significant competition disruptions in the fuel wholesale sector. This action follows a sector inquiry that identified potential structural competition issues in this market.
Findings from the Sector Inquiry
The sector inquiry revealed that the widespread use of price information services in fuel wholesale could facilitate tacit collusion among market participants, potentially leading to supra-competitive pricing. Additionally, concerns were raised about the possibility of individual market players manipulating price quotations.
Legal Framework: Section 32f GWB
Section 32f GWB, introduced in 2023, equips the BKartA with a tool to address structural competition problems. This provision allows the authority to determine the existence of significant and ongoing competition disruptions in specific markets and to implement remedial measures without the necessity of proving individual antitrust violations.
Objectives of the Proceeding
The current proceeding aims to assess whether the identified structural issues constitute a significant and enduring disruption of competition in the fuel wholesale market. If such a disruption is confirmed, the BKartA may impose measures to restore effective competition.
Implications for Market Participants
This development underlines the BKartA’s commitment to proactively addressing structural competition issues. Market participants in the fuel wholesale sector should closely monitor the proceedings, as potential remedial measures could impact business practices and market dynamics.
