Policy Brief of the Monopolies Commission on the government draft of the Fair Health Insurance Competition Act

Policy Brief | Issue 3 | 21 November 2019

Today the Monopolies Commission presents its third policy brief. It deals with the government draft of the Fair Health Insurance Competition Act and its effects on the development of competition in statutory health insurance.

  • The draft of the Fair Health Insurance Competition Act is to be welcomed and strengthens the competitive conditions in statutory health insurance in several aspects.
  • However, competition for the best health care can only really unfold if the next step is an improved legal framework for individual services offered by the health insurance funds.
  • Insurers who invest in the health of their policyholders are currently not paid equivalent compensation for this. The existing draft law should also include an evaluation mandate to take the incidence rate into account in risk structure compensation.

Download Policy Brief (in German language only)

7th Sector Report Energy (2019): Competition with new energy

Sector Report on Energy Markets pursuant to Sec. 62 of the Law on the Energy Industry, Bonn, 18 September 2019

  • The spread of electric mobility is hampered by monopolies: Municipalities should promote competition between different operators in the development of charging stations.
  • Insufficient competition in tenders for wind energy: more open space and permits needed.
  • Wholesale electricity trading with problems during price peaks: control of abusive pricing should be adapted.

Monopolies Commission critical of ministerial authorization in Miba/Zollern case

Bonn, 19 August 2019

Today, the Federal Minister for Economic Affairs and Energy granted Miba/Zollern an authorization to proceed with the merger subject to conditions and obligations. In April 2019, the Monopolies Commission, which advises the Federal Minister during the ministerial authorization procedure, advised against the authorization because, according to its analysis, the restriction of competition resulting from the merger is not outweighed by special public interests. In a separate statement in August 2019, the Monopolies Commission also assessed the intended conditions and obligations and found them to be inappropriate and in some cases legally inadmissible.

You will find here:

the press release of 19.08.2019 (in German language only)
an opinion on the envisaged ancillary provisions (in German language only)
the special report in full text (in German language only)