The annual meeting of the Antitrust Working Group took place on October 8, 2026, focusing on the theme 'Between “reasonable” prices and exploitation abuse – possibilities and limits of antitrust law'. The event was organized by the German competition authority and attracted over 90 competition experts.

The working group consists of numerous professors from law and economics faculties, high-ranking representatives from national and European competition authorities and ministries, as well as judges from the cartel chambers at the Higher Regional Court of Düsseldorf and the Federal Court of Justice. For over 50 years, annual conferences have been held on fundamental competition policy topics. The meeting was chaired by Prof. Dr. Konrad Ost, Vice President of the German competition authority.

In light of rising consumer prices due to crises in energy, food, and mineral oil, this year's conference addressed the possibilities and limits of antitrust instruments to protect against exploitation through excessively high prices. The discussion included potential state interventions in price formation, with antitrust abuse procedures being one of the instruments considered.

Past experiences with price abuse procedures were debated controversially. These procedures led to significant relief for consumers in markets with little or no competition, particularly in the water, electricity, and gas sectors. However, they were also recognized as complex and lengthy. The discussions explored under what circumstances such forms of state intervention could be justified from an economic perspective, contrasting this with the expectations of legislators and consumers.

Prof. Dr. Konrad Ost emphasized that the fundamental aim of antitrust enforcement is to maintain competition or eliminate barriers to competition. He noted that price abuse procedures occupy a special position in antitrust law, acting as post-market outcome controls that address symptoms rather than the underlying causes of high prices.

Two discussion rounds provided insights from professors, moderated by Dr. Gunnar Kallfaß and Professor Carsten Becker, focusing on market pricing, price functions, interventions, and their consequences. The panels included discussions on antitrust exploitation abuse and the associated challenges and expectations.

A conversation between Prof. Dr. Konrad Ost and Alexander Lüdtke-Handjery offered insights into the case practice of the Federal Network Agency regarding the recovery of surplus revenues under the Electricity Price Brake Act, illustrating the complexity and duration of administrative procedures in a similar economic context.

The working paper 'Between “reasonable” prices and exploitation abuse – possibilities and limits of antitrust law' and individual presentations from participants will be available on the German competition authority's website once published.