Cartel authority Mecklenburg-Western Pomerania: Why the consumer remains!

Cartel authority Mecklenburg-Western Pomerania: Why the consumer remains!

In Mecklenburg-Western Pomerania, a client has tried to conclude a heat delivery contract with a controversial local provider. The review of the contract showed serious defects: the price adjustment regulation did not meet the legal requirements of AVBFernwärmev. Despite repeated request to submit a legally valid contract, the district heating supplier refused, which caused the client's lawyers to hire the state cartel authority. But here you came to deaf ears, as reported in the article by quite energetically . The authority put down the lawyers with the search for an amicable solution and hesitated the initiation of an abuse procedure.

The inactivity of the antitrust authority

months later, the disillusioned message came from the state cartel authority: a procedure would not be initiated and the client must take the civil law. The authority referred to Section 54 (1) of the GWB, which allows you to act against dominant companies in the event of behavior contrary to competition. However, the authority showed no interest in a reliable market supervision of what experts consider to be worrying. According to stmwi.bayern.de , the state cartel authority is characterized by its responsibility for the enforcement of the antitrust prohibition, but apparently has failed in this case to check the competition conditions.

The case throws a light on the challenges and negligence within the abuse supervision. The affected district heating supplier, classified as a dominant company, could have been forced to grant price and contractual fairness. The failure of the state cartel authority could have far -reaching consequences for all consumers who rely on transparent cost structures.