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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.
More than 150 municipal utilities (so-called Stadtwerke) were established in Germany from the beginning of the millennium, bringing the total number of Stadtwerke currently established within the country to approximately 900. With responsibility for more than half of the supply of electricity, gas and heat in Germany, these Stadtwerke play a central role in the transformation of the energy sector, or Energiewende. In addition, due to their local and regional ties, Stadtwerke have a particular role to play in energy politics, the economy and across society. This article focuses on the motives behind, and grounds for, the current wave of newly established Stadtwerke. Further, it discusses the factors that were critical to the successful formation of new Stadtwerke in recent years. The results of our survey indicate that the establishment of municipal Stadtwerke is a suitable measure to implement the energy transition at the local level, whereby the concept of public value has a high level of importance for the local decision-makers. Collaboration and cooperation, as well as a resilience-oriented strategy, are important success factors for new Stadtwerke.