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The Eon/RWE deal : market dominance and shareholder value policy with regulatory approval

  • On September 17, 2019, EU Competition Commissioner Margrethe Vestager allowed the electricity company Eon to take over and break up RWE subsidiary Innogy under lenientconditions. But there are numerous experts who have a different opinion and argue that the EU Commission approval is a "decision of enormous importance" that will "fundamentally change the entire sector". The result of this decision is that this mega-deal creates two monolithic giants in the German energy sector with unprecedented market power. If one compares the situation with the purchase of the electricity supplier Nuon by Vattenfall in 2009, questions arise. Back then, the competition authorities forced Vattenfall to divest parts of Nuon's business in individual cities,On September 17, 2019, EU Competition Commissioner Margrethe Vestager allowed the electricity company Eon to take over and break up RWE subsidiary Innogy under lenientconditions. But there are numerous experts who have a different opinion and argue that the EU Commission approval is a "decision of enormous importance" that will "fundamentally change the entire sector". The result of this decision is that this mega-deal creates two monolithic giants in the German energy sector with unprecedented market power. If one compares the situation with the purchase of the electricity supplier Nuon by Vattenfall in 2009, questions arise. Back then, the competition authorities forced Vattenfall to divest parts of Nuon's business in individual cities, which resulted in the supplier "lekker energie". Following this example, the competition authorities should have consistently forced Eon to sell parts of the business, such as larger distribution companies. A transaction of this magnitude should always be viewed critically in competition law. The legitimate question therefore arises as to why the German and European competition authorities (the Federal Cartel Office, the Federal Network Agency, the Monopolies Commission and the European Competition Commission) faced this deal with barely audible criticism and why they did not react with far-reaching prohibition requirements. "Competition doubts are certainly justified". Because if the two largest German energy groups completely eliminate each other's competition and completely divide up their business areas among themselves, this will have far-reaching consequences for the energy sector. Especially against the background that the energy transition in Germany has so far been characterised by decentralised structures and civic participation (especially in the case of electricity generation from renewable energies). In this paper, the authors will demonstrate what this Eon/RWE deal means for competition and the energy transition.show moreshow less

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Metadaten
Document Type:Peer-Reviewed Article
Author:Kurt Berlo, Oliver WagnerORCiDGND
URN (citable link):https://nbn-resolving.org/urn:nbn:de:bsz:wup4-opus-75143
Year of Publication:2020
Language:English
Source Title (English):Renewable energy law and policy review
Volume:9
Issue:4
First Page:28
Last Page:35
Divisions:Energie-, Verkehrs- und Klimapolitik
Dewey Decimal Classification:320 Politik
OpenAIRE:OpenAIRE
Licence:License LogoIn Copyright - Urheberrechtlich geschützt