Energieversorgungssicherheit als Gemeinwohl: Auswirkungen des Instrumentes Ministererlaubnis (Energy Security as a Public Interest: Implications of the German Ministerial Approval Instrument)

Abstract

English Abstract: This article analyzes the ministerial approvals granted in the energy sector against the background of the public interest justification "security of energy supply in Germany". Based on an in-depth examination of the case of E.ON/Ruhrgas as the last ministerial-approved merger in the energy sector, it is shown that Germany's energy supply security was probably not endangered even before the merger and was rather reduced after the ministerial approval due to the increased dependence on Russian natural gas. The considerable need for reform of the instrument of ministerial approval as a whole becomes apparent, for which corresponding proposals for revision - for example, within the framework of the 12th GWB amendment - are presented.

Note: Downloadable document is in German.

Keywords: merger control, energy supply, public interests, ministerial approval