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Policy Brief on the ”Fair Share“-Debate

12. Mai 2023
In its twelfth policy brief, the Monopolies Commission does not consider a regulatory intervention to be justified that forces OTT providers to pay telecommunications companies. read more

Development of concentration among companies

July 05, 2022
In view of the concentration potential of the digital transformation and a possible upcoming weak economic phase, developments in Germany should continue to be closely monitored. read more

Decision practice in competition law

July 05, 2022
In its Biennial Report, the Monopolies Commission analyses the years 2020 and 2021 and makes various recommendations, inter alia, on a further-reaching privileged treatment of immunity recipients under civil law.read more

Outlook for the 11th GWB amendment

July 05, 2022
The Monopolies Commission recommends strengthening sector inquiries and unbundling as a last resort in sectors that have been entrenched for a long time.read more

Sustainability and competition

July 05, 2022
Sustainable cooperation agreements need to be assessed under competition law to prevent greenwashing – The Monopolies Commission does not support a general exemption for such cooperations.read more

Digital ecosystems

July 05, 2022
The Monopolies Commission is in favor of measures to make the DMA more effective, but currently against unbundling irrespective of abuse.read more

Hospital care post Covid-19

30. May 2022
Reorganizing Competition, Planning and Financing read more

Competition in transition

16. December 2021
In its 12th Sector Report on telecommunications, the Monopolies Commission makes recommendations on the copper-fiber migration process, mobile communications frequency allocation, and interpersonal telecommunications services, among other things.read more

Competition with new momentum!

16. December 2021
In its 12th Postal Sector Report, the Monopolies Commission recommends a fundamental reform of the German Postal Act and looks at Amazon's role in the parcel market.read more

Competition for electricity exchanges, electric vehicle charging and hydrogen infrastructure

1. September 2021
In its 8th Energy Sector Report, the Monopolies Commission makes recommendations, among other things, on the development of infrastructures for electric vehicle charging points and hydrogenread more

Competition on the rail!

21. July 2021
In its 8th Rail Sector Report, the Monopolies Commission recommends, among other things, the introduction of competition-neutral measures in dealing with the Covid 19 consequences and in designing the Deutschlandtakt.read more
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Policy Brief on the question whether data traffic-intensive over-the-top (OTT) providers should contribute to the network expansion costs of telecommunications companies

Policy Brief | Issue 12 | May 12, 2023


The European Commission has launched a consultation on the question whether data traffic-intensive over-the-top (OTT) providers should contribute to the network expansion costs of telecommunications companies. In its policy brief „A contribution from data traffic-intensive over-the-top (OTT) providers to the costs of telecommunications network expansion should be rejected!“ published today, the Monopolies Commission takes a critical view. Currently, the Monopolies Commission does not consider a regulatory intervention to be justified that forces OTT providers to pay telecommunications companies:

  • According to the current assessment of the Monopolies Commission, new conditions in peering and transit markets do not legitimize a contribution for network expansion costs, because it is not apparent that OTT providers exploit their increased bargaining power.
  • There are no indications that a redistribution mechanism between OTT providers and telecommunications companies would improve the market situation. However, such intervention may cause distortions of competition.
  • The financial resources for fixed and mobile network expansion are sufficient.

Download Policy Brief

Policy Brief on the planned hospital reform

Policy Brief | Issue 11 | February 13, 2023


In its policy brief published today, "Adjusting flat rates for hospitals, ensuring the need for care, maintaining competition," the Monopolies Commission supports the introduction of flat rates for hospitals proposed by the Hospital Commission. At the same time, it makes a significant proposal for changes that would make it possible to achieve the goals of financially securing hospitals' need for care and maintaining quality competition. The Monopolies Commission specifically recommends the following to the Federal Government/Länder Group, which is currently discussing the implementation of the announced financing reform:

  • tie the reserve budgets to structural differences in regional supply costs that cannot be influenced, and
  • test the compensation factors empirically by an expert opinion.

Download Policy Brief (in German language only)

Special Report 83 (in German language only)

Policy Brief on electricity markets

Policy Brief | Issue 10 | October 11, 2022


In its tenth policy brief, "Further Development of Electricity Markets, Designing a Price Cap in Conformity with Competition", the Monopolies Commission makes recommendations on the electricity price cap. The Monopolies Commission recommends that a response to price increases on the electricity market should be designed in a targeted manner and in line with the market:

  • The electricity market design should be retained but further developed in the medium term.
  • The cap for additional revenues (windfall profits) should - as far as possible - be carried out uniformly for conventional power generators, taking forward contracts into account.
  • The top priority in providing relief to consumers must be to avoid weakening incentives to save energy. At the same time, the neediness of the households to be relieved should be taken into account.

Download Policy Brief

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