The Bundeskartellamt has initiated a proceeding to assess whether there is a significant and ongoing malfunctioning of competition in the wholesale fuel sector. This marks the first application of a new competition tool introduced in 2023 under Section 32f(3) of the German Competition Act.

Andreas Mundt, President of the Bundeskartellamt, highlighted that traditional competition law may not adequately address structural issues causing competition malfunctions. The authority has observed potential risks in the wholesale fuel market, particularly related to price information services that could facilitate collusion among market players.

A recent sector inquiry indicated that the detailed market information provided by services like Argus Media and S&P Global could lead to tacit agreements on pricing, undermining competitive dynamics. Although the inquiry did not reveal specific violations of competition law, the Bundeskartellamt aims to investigate how these services impact competition further.

The new competition tool allows the Bundeskartellamt to determine if a significant malfunctioning of competition exists, enabling them to implement remedies even without evidence of individual law violations. This approach is intended to address potential competition issues more effectively than traditional methods.