Bundeskartellamt Analyses Price Adjustments in District Heating

According to the announcement published on the official website of the Bundeskartellamt on 16.11.2023, the Bundeskartellamt has initiated proceedings against six district heating suppliers for suspected excessive price increases in the period from January 2021 to September 2023.

Accordingly;

• In particular, the competent authority is examining the concrete implementation of the price adjustment provisions. District heating suppliers adjust their prices according to such clauses in order to take into account both the overall market development and the costs they incur for the energy they actually use in their own heat production.
• The proceedings initiated by the Bundeskartellamt focus on cases that raise the suspicion that companies have chosen price indices that do not adequately reflect the actual development of the costs they incur, but clearly exaggerate them.
• Suppliers must structure their price adjustment clauses in such a way that they comply with the legal requirements set out in the regulation on general conditions for the supply of district heating (Verordnung über Allgemeine Bedingungen für die Versorgung mit Fernwärme). Violation of these requirements may also constitute abuse in the sense of competition law.

You can access the related announcement here.

Kind regards,

Zümbül Attorneys-at-Law

info@zumbul.av.tr