The German Competition Authority Publishes the Sector Inquiry Report on Electric Vehicle Charging Infrastructure

The German Competition Authority (‘Bundeskartellamt’) has recently published its final report on the sector inquiry into the provision and marketing of public electric vehicle.

According to the report;

• Where there is a lack of competition and what measures can be taken to better protect or strengthen competitive structures in order to make electric mobility more appealing and ensure a successful market ramp-up.
• The results of the sector inquiry show that at municipal level, in particular, contracts for charging infrastructure installation in public areas are often not awarded in a non-discriminatory manner. 
• It examines in detail the competition law tools and the existing options for developing the regulatory framework for EV charging infrastructure. The latest amendment to the German Competition Act (‘GWB’) has provided the Bundeskartellamt with new powers to eliminate uncompetitive market structures.
• Significant price differences between charging stations may indicate that some operators are setting excessively high prices. Operators with local market power can restrict competitors' margins by setting these high prices, which can hinder rivals' market entry and exacerbate issues related to market power.
• The changes have provided the Bundeskartellamt with new powers to eliminate uncompetitive market structures.
• In a regulated access regime, end users can choose their providers at charging stations, and charging station operators must transmit EV charging electricity from alternative providers for an access fee. However, this transmission fee must account for the installation and operating costs of the charging stations, meaning EV charging providers will pass all costs onto end users. While government measures aim to increase price transparency or make charging stations more user-friendly, potential anti-competitive domino effects should also be considered. Ultimately, greater transparency may benefit providers while promoting price coordination, which could weaken price competition.

Click here to view the published announcement.

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Zumbul Attorneys-at-Law

info@zumbul.av.tr