Dominant energy suppliers
The Federal Act to Mitigate the Consequences of the Crisis and Improve Market Conditions for Dominant Energy Suppliers came into force on 6 July 2024.
Competences of the FCA
The Act to Mitigate the Consequences of the Crisis and Improve Market Conditions for Dominant Energy Suppliers prohibits dominant suppliers of electricity, district heating and grid-bound natural gas from demanding purchase or sales prices or other terms and conditions that are less favorable than those of other supply companies or companies in comparable markets. Affected utilities have the option of proving the objective justification (reversal of the burden of proof) for this deviation.
Any violation of the law is considered a violation of the prohibition of abuse under Section 5 KartG. The procedural provisions of the KartG and WettbG are to be applied to the exclusion of the powers of application of the chambers and affected entrepreneurs (Section 36 para. 4 no. 3 and 4 KartG).
The regulation applies to situations from the date of entry into force and is limited until the end of 2027 (Section 3).
For the German version of this Act, please refer to the Legal Information Service (RIS) here (only in German avaliable).