Statement on the Revision of the UTP-Directive
Bonn, 24 February 2026
The Monopolies Commission has submitted a statement to the European Commission as part of the consultation process on the revision of the EU rules on unfair trading practices (UTP Directive) in the food supply chain. In light of the significant economic pressures faced by farmers due to structural changes and increasing market concentration in downstream sectors, the Monopolies Commission emphasises the importance of effective abuse control. The UTP Directive represents an important complement to the prohibition of abuse. Owing to its clearly formulated prohibitions, it is easier to apply and can therefore have direct relevance in contractual relationships.
Our key recommendations:
- Keep the system of specific prohibitions and update it as practices evolve
- Refrain from interventions in price formation, including a ban on buying below production costs
- Limit the scope to relationships involving farmers and their cooperatives where pass-through is plausible
- Do not add a broad 'general clause'
- Strengthen enforcement to overcome the 'fear factor'
14th Sector Report Telecommunications (2025): With Competition towards a European Single Market!
Sector Report of the Monopolies Commission pursuant to § 195 (2) and (3) of the Telecommunications Act, December 10, 2025
The German Monopolies Commission warns against new monopolies in telecommunications. ‘We are currently in a critical transition phase from copper to fibre technology, especially in Germany. There is a danger that the former state monopolists will become dominant again,’ warned Tomaso Duso, Chairman of the Monopolies Commission. The independent committee, which advises the federal government, has presented its 14th sector report on telecommunications. ‘If the upcoming Digital Networks Act leads to premature deregulation, competition will be severely harmed,’ said Duso.
With the Digital Networks Act, the European Commission plans to harmonise the regulation of telecommunications companies and thus to strengthen the European single market. The Monopolies Commission recommends that companies with market power should continue to be more tightly regulated, at least until effective competition is guaranteed. Overall, the advisory body generally welcomes the planned Digital Networks Act, which will provide important impetus for the completion of the European single market.
Food Markets under Pressure: Market Concentration Increases – Competition Decreases
Special Report on Competition in the Food Supply Chain I 21 November 2025
According to the Monopolies Commission, market concentration in food retail and parts of the food industry has increased significantly in recent years. ‘The power of food retailers and, in some cases, manufacturers has increased significantly at the expense of consumers, while agriculture is often exposed to global market risks,’ explains Tomaso Duso, Chairman of the Monopolies Commission. One reason for this are numer-ous mergers in the industry and the increasing expansion of retail activities to the manufacturing level. The Monopolies Commission, an independent advisory body to the German fed-eral government, submitted its special report on competition in the food supply chain to the Federal Ministry of Economics and the Federal Ministry of Agriculture today. In the report, the Monopolies Commission conducted an in-depth analysis of market conditions. This was prompted by the farmers' protests in 2024 and the high food prices of recent years.
Our key recommendations:
- Closer Scrutiny of Mergers along the Entire Supply Chain
- Effectively Countering Abuse of Power
- Improving the Framework Conditions for Agriculture
Sector Report Energy: Competition and Efficiency for a Sustainable Energy System
10. Sector Report of the Monopolies Commission I 4 November 2025
The Monopolies Commission calls for stronger efforts to modernise Germany’s energy systems. “Only by addressing the root causes of high energy prices can we achieve lasting progress. Symptom relief alone is not enough,” said Tomaso Duso, Chair of the Monopolies Commission. The Monopolies Commission today presented its 10th Energy Sector Report to the Federal Ministry of Economics. The report offers recommendations for future-proof energy systems covering electricity, district heating, gas and charging infrastructure for electric mobility. According to the Commission, greater efficiency and stronger competition are crucial for a successful energy transition. The Monopolies Commission is an independent advisory body that counsels the Federal Government on matters of competition policy.
