On last year’s European Day of Languages (26 September 2023), the AFCA looked at how “competition” is translated in the languages of the other EU Member States.
Review of the year: Director General presents AFCA’s 2023 Annual Report in Parliament
Many diverse languages are spoken in the EU, and equally diverse are the markets the AFCA deals with.
Many diverse languages are spoken in the EU, and equally diverse are the markets the AFCA deals with.
“Looking back, this was a successful year for the AFCA, and we achieved a great deal: we filed more than 40 applications to the Cartel Court, had a total of EUR 51.2 million in fines imposed, and examined 294 national mergers. We published the findings from our sector inquiry into the food industry after just one year, in November 2023. The 300-page report is designed to give readers a thorough overview of the competition situation in the food industry. My team gave their all in 2023, and the results accordingly speak for themselves,“ said AFCA’s Director General Natalie Harsdorf.
AFCA takes stock of 2023
The Annual Report provides an in-depth overview of the Authority’s 2023 objectives, its collaboration with national and international institutions, developments in relation to its budget and staff, case work, preventive action, and a whole range of other areas. Some of the most important events of the past year can be found below.
In 2023 there were 294 national merger notifications, with each case handler working on an average of eight mergers. Compared with 2022, merger notifications have dropped by 13.5%.
Merger control
In 2023 there were 294 national merger notifications, with each case handler working on an average of eight mergers. Compared with 2022, merger notifications have dropped by 13.5%.
The implementation of two mergers was approved subject to conditions following extensive Phase I investigations (the merger of MEDIAFOREUROPE N.V. Media SE. and ProSiebenSat1, and the ORF/RIG Radio Innovations GmbH merger). With regard to the Wienerberger/Terreal merger, the AFCA applied to the Cartel Court for an in-depth review (Phase II), which subsequently imposed conditions on the merger (press release of 29 August 2023).
Antitrust enforcement
New milestones were also reached in relation to the construction cartel in 2023. Several proceedings were finally concluded, with fines of EUR 175.81 million imposed. A total of 13 companies were confronted with the results of our investigations, and the authority uncovered other cartels in the fields of opinion research, welding technology and facade construction.
AFCA also finally concluded the sugar cartel proceedings in 2023, which had been ongoing for many years. At AFCA’s request, Südzucker was fined EUR 4.2 million (press release of 4 January 2024).
Market abuse
AFCA filed an application for an appropriate fine to be imposed on Peugeot Gesellschaft GmbH for market abuse in relation to the distribution of new vehicles and the provision of car servicing (press release of 9 June 2023).
Sector inquiries
Sector inquiry into the food industry
The Authority launched a comprehensive sector inquiry into the food industry in October 2022, and the results were presented one year later. The inquiry was launched amidst significant price increases for consumers, global and European developments in the supply chain and rising inflation.
AFCA also have proposed a number of recommendations to tackle the current market situation (press release of 3 November 2024).
Energy Task Force
Following price surges in the electricity and gas markets, and a number of complaints received in this regard, the AFCA and E-Control launched a joint investigation.
The joint E-Control/AFCA Task Force focused in particular on the following topics:
- Plausible explanations of changes in electricity and gas prices and monitoring of the dynamics between wholesale and retail prices
- Differences in the contracts offered by suppliers to different customer groups (e.g. comparing contracts for existing and new customers)
- Supply strategies (specifically concentration on traditional supply zones)
- Impact of the energy price cap
- Market structure and positions (end consumer energy supply)
- Investigation of any signs of potential cartels or market abuse.
Advocacy and transparency – preventive action
Advocacy and preventive action were further topics focused on by the AFCA during the past year. AFCA published new position papers on current topics and submitted statements on various legal proposals.
The authority hold once again the Cartel Law Moot Court. All participating students threw themselves into the event, showing off the depth of their knowledge.
Publication of annual reports on activities
The AFCA publishes an Annual Report every year. After consultation with the Competition Commission, the Annual Report must be presented to the Parliament by the Federal Ministry of Labour and Economy without delay. The Annual Report was unanimously approved by the Parliament’s Committee on Economy, Industry and Energy.
Annual Report 2023 (currently only available in German)