Sector Report on German energy markets pursuant to Sec. 62 of the Energy Regulation Act, October 9, 2023

  • Competition-based security of energy supply is required.
  • The import structure for gas should be more diversified and flexible.
  • In the electricity sector, the Monopolies Commission recommends a competition-oriented capacity market.
  • The Energy price caps should be phased out; direct transfer payments are preferable to price interventions at the household level.
  • In the case of electric mobility, tenders must be supported at the municipal level and several competitors must be allowed to compete at service stations.

Sector Report on German railway markets pursuant to Sec. 78 of the Railway Regulation Act, July 4, 2023

  • The planned restructuring of the Deutsche Bahn (DB) Group offers opportunities for competition in the railway sector. To this end, the new infrastructure unit InfraGo should be economically and organizationally independent.
  • A prerequisite for stimulating competition and increasing the attractiveness of rail is higher infrastructure quality. The Monopolies Commission, therefore, recommends a new qualityoriented regulatory framework for charges.
  • Innovative sales service providers of digital tickets can also contribute to quality, provided they are given access to all real-time and forecast infrastructure data relevant to competition. InfraGo would have to make this data equally available to all competitors.

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