Germany’s Fuel-Price Plan Could Empower ‘No-Fault’ Antitrust Regime, ICLE Scholar Warns
BRUSSELS (25 March 2026) — Germany is using a temporary spike in fuel prices to permanently reshape its competition authority—shifting it from referee to market architect, according to Dirk Auer, director of competition policy at the International Center for Law & Economics (ICLE).
ICLE scholars warn that the federal government’s proposed ‘fuel market intervention package’ (Kraftstoffmaßnahmenpaket) would use energy concerns to expand the Federal Cartel Office’s (FCO) powers across the economy.
The draft law would eliminate the requirement that a company must materially contribute to a distortion of competition before facing FCO remedies. Instead, firms could be targeted simply for operating in sectors flagged by a sector inquiry as experiencing ‘significant and continuing disruption’. For dominant firms, potential remedies could include forced divestitures.
Auer said the proposal—combined with a fast-tracked legislative process—poses risks to Germany’s investment climate:
‘By removing the requirement that a company’s own conduct must contribute to a market malfunction, the government is essentially granting the Federal Cartel Office the power to penalise firms for their mere existence in a concentrated market. This shift toward a ‘no-fault’ intervention regime creates a climate of regulatory instability where companies may face forced divestitures or intrusive behavioural mandates despite following every letter of the law. If these changes are enacted within this truncated legislative timeline, Germany risks deterring the very capital investment required to pull its economy out of current stagnation.’
The package is moving through parliament on an accelerated timetable. A final reading is expected 26 March, with enactment targeted for early April.
To arrange an interview with Auer, contact Jim Fellinger at [email protected].
About ICLE
The International Center for Law & Economics is a nonprofit, nonpartisan research center working with a roster of more than one-hundred academic affiliates and research centers from around the globe. ICLE scholars promote the use of law and economics methodologies to inform public policy debates.