Bundeskartellamt Calls for More Competition in the Provision of Charging Electricity - Preliminary Findings of Sector Inquiry Into Charging Infrastructure

The German Competition Authority (“Bundeskartellamt”) has published a progress report on its ongoing sector inquiry into charging station infrastructure (“Sector inquiry on the provision and marketing of publicly accessible charging infrastructure for electric vehicles”) on 12 October 2021.

The preliminary findings of the sector inquiry show that little use has yet been made of public tender procedures for public areas particularly at municipal level. In some cases, these areas are awarded fully or for the most part to one and the same operator, e.g. the municipal utility. A legal requirement for the non-discriminatory award of these areas, e.g. by way of a tender procedure, could help to improve conditions for the emergence of competitive market structures in the area of public charging infrastructure for electric vehicles.

To ensure public access to the market and a level playing field for all providers, the allocation of state funds fundamentally has to be carried out on a non-discriminatory basis.

High prices are naturally always annoying for all customers. However, the Bundeskartellamt’s investigations have so far not produced any evidence that the EV charging electricity prices in Germany are systematically and generally excessive. Should individual cases of abusively excessive prices emerge, the authority could intervene with the existing competition law tools. Prices will fall with increasing infrastructure expansion and competition on this market.

The progress report summarises the Bundeskartellamt's preliminary findings on structural obstacles to competition in the installation and marketing of publicly accessible charging infrastructure. The final results and recommendations for action will be presented in a final report after the extensive data and information collected in the sector inquiry has been fully evaluated.

You can find the full text here.

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Zumbul Attorneys-at-Law

info@zumbul.av.tr