The Austrian competition authority, known as BWB, has released a comprehensive statement regarding new legislative proposals, including the Electricity Industry Act (ElWG) 2025, the definition of energy poverty, and amendments to the Energy Control Act. This response incorporates insights from the final report of the Energy Taskforce, a joint investigation conducted by BWB and E-Control into the energy sector.

Overall, the BWB supports the direction of the ElWG draft, as it addresses many issues identified by the Energy Taskforce. However, the authority points out that there are still areas needing improvement and additional recommendations from the Taskforce that have not been included in the current legislative package.

Among the key recommendations from the BWB is the need for 'Transparent Tariffs & Products.' The new transparency regulations require suppliers to disclose reasons for price changes, such as increased procurement costs or new levies. This transparency is expected to empower consumers to make informed decisions and exercise their right to terminate contracts if price hikes seem unjustified, thereby promoting fair competition.

Another positive aspect is the mandatory annual notification about the possibility of switching suppliers, which could incentivize customers to change providers. The BWB also advocates for monitoring price change clauses by E-Control, suggesting that these rules should apply to energy companies serving 20,000 metering points instead of the proposed 50,000, which would exclude significant municipal utilities.

However, the BWB criticizes the proposed price change rights in the draft, arguing that it removes clause control and does not enhance consumer rights. They reject the legal consequence in § 21 Abs 5 ElWG, which allows for a reasonable price change instead of an unreasonable one, as it lacks incentives for suppliers to set compliant price increases and could lead to unfavorable contract terms for consumers.

In terms of 'Disclosure & Control,' the BWB supports the requirement for energy companies to disclose procurement strategies and margins during crises to clarify price fluctuations. They emphasize the need for a more substantial information exchange beyond the current annual basis.

The BWB also urges for the swift adoption of the ElWG and legal safeguards for crisis regulations, welcoming the ongoing review of the comprehensive ElWG draft. They recommend that the development of crisis regulations should follow promptly.

Furthermore, the BWB has raised concerns about cross-shareholdings among energy companies, which can hinder competition. They recommend a reduction or elimination of these cross-holdings and suggest a special merger control review for new acquisitions and restructurings below current thresholds.

Lastly, the BWB stresses the importance of learning from past crises, advocating for measures to ensure that consumers are supplied under market-based conditions even after contract termination. They note that the draft does not include crisis mechanisms modeled after European standards and call for an extension of the federal law aimed at mitigating crisis impacts, which is set to expire on December 31, 2027.