Sometimes everything happens very quickly in Berlin.

In the night of last Thursday, the leaders of the SPD, Greens and FDP in the coalition committee agreed to examine all legal options so that falling commodity prices are passed on to consumers "more quickly than before".

Julia Loehr

Business correspondent in Berlin.

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The fact that fuel prices at the filling stations are still high, although crude oil prices have long since fallen again after the high at the beginning of the war, has caused a lot of resentment in Berlin.

Economics and Climate Protection Minister Robert Habeck (Greens) is now creating facts: On Tuesday evening, the ministry submitted a draft law to the cabinet vote that is intended to significantly expand the powers of the Federal Cartel Office.

The draft is available to the FAZ.

Accordingly, the law against restraints of competition (GWB) is to be amended in such a way that the mandate of the market transparency office for fuels, which is based at the Federal Cartel Office, is significantly expanded.

In the future, it will not only monitor the price development at the gas stations, as has been the case up to now, but also the refineries and wholesalers of fuel.

Even raids possible if necessary

There is talk in ministry circles of “extensive investigative powers” ​​for the Bonn authority: the Cartel Office should be able to request information from all companies along the value chain, view business documents and, if necessary, also carry out searches.

"The goal is a clear and strengthened competitive framework that ensures the functioning of the markets," says the introduction to the draft law.

In mid-March, Habeck had already commissioned the Federal Cartel Office to examine the high fuel prices.

The market power of a few companies is a structural problem, he complained.

Danyal Bayaz, Finance Minister of the Greens in Baden-Württemberg, put it less diplomatically on the short message service Twitter: "My impression is that a few oil multinationals are making the big bargain." that the database is insufficient from his point of view.

Now things are moving.

In addition to including refineries and wholesalers, the draft law also stipulates that gas stations must provide the Cartel Office with more data than before.

In addition to price data, companies should also report quantity data.

The ministry hopes that this will provide more information about how changes in prices affect demand.

"The current situation must not be used as a cover for unfair competition or hidden agreements," says ministry circles.

There are currently around 14,500 petrol stations in Germany.

According to the Statista data portal, Aral had a market share of 21 percent in 2020, and Shell 20 percent.

Jet followed with 10.5, Total with 9.5 and Esso with 7 percent.

Two thirds of the market were thus in the hands of these five companies.

The market transparency office has existed since 2013. Since then, however, the criticism of the pricing of the petrol station operators has hardly subsided.

Demand remains high despite high petrol prices

The fact that the prices for petrol at the first filling stations have already fallen below EUR 2 per liter should not prevent Habeck from tightening competition law.

On the contrary: To ensure that things go particularly quickly, the ministry included the planned changes in the departmental vote on the Energy Industry Act.

The latter is about how the grid expansion should be accelerated and about stricter requirements for energy suppliers when they terminate contracts with end customers.

The individual projects are part of Habeck's "Easter package", which, in view of the war in Ukraine, is to be larger than planned at the beginning of the year.

It remains to be seen whether the GWB amendment will actually lead to more competition and lower prices for consumers.

Petrol station operators recently reported that despite the increased prices, demand for diesel and petrol has hardly changed.

The ADAC automobile club also stated that those who have to drive for professional reasons continue to drive.

What should also change according to Habeck's will in competition law: the tightened antitrust abuse control in the energy industry will be extended to the area of ​​district heating in addition to electricity and gas suppliers.

Since district heating is to play a key role in the planned heat transition - i.e. the move away from gas heating - these providers are now also coming into focus.