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)

7th Sector Report on German railway markets (2019): Quality and Competition on the Railway

Sector Report on German railway markets pursuant to Sec. 78 of the Railway Regulation Act, Bonn, July 25, 2019

• Railway sector suffers from poor punctuality and a poor condition of the network infrastructure.
• Monopolies Commission recommends to make originators liable for delays (fault-based liability) and to revise regulation in order to enhance punctuality and to foster a quality-oriented modernization of the infrastructure.
• Competition is an essential driver of quality enhancements. Strengthening competition requires to effectively decrease track access charges.

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Policy Brief of the Monopolies Commission on the requirement for a Master Craftsman’s Certificate (Meisterzwang)

Policy Brief | Issue 2 | 24 January 2019

In its second Policy Brief, the Monopolies Commission speaks out against the re-expansion of the requirement for a Master Craftsman’s Certificate (Meisterzwang) to individual crafts that had been liberated from specific regulation in 2004.

• From a competition policy point of view, an expansion of the requirement for a Master Craftsman’s Certificate is undesirable as it would establish additional barriers for the entry to the market and to the professions.
• Ensuring quality and strengthening education in the crafts do not necessitate a Master Craftsman’s Certificate.
• Economic considerations prompt constitutional objections about interference with the freedom of profession.

Download Policy Brief (in German language only)