Several private consumers have complained to the Bundeskartellamt that energy providers have threatened to stop their energy and gas supplies if they refused to pay the increased prices.

Mr Böge stated: “If energy providers threaten such a move even though the admissibility of the price rise has not yet been proved or established by a court, this constitutes an abusive conduct. The energy providers’ threat of non-supply is only possible because they virtually have a monopoly position in their respective area of supply. Without effective competition consumers do not have the possibility to switch to other suppliers, a possibility they could otherwise make use of in response to a threat of non-supply”.

One energy provider has issued such a threat twice in three months. Although the company withdrew the threat both times the Bundeskartellamt has instituted abuse proceedings. Mr Böge: “It is to be expected that many citizens, in particular elderly people and those on tight budgets, will be intimidated by such a threat into paying. If energy providers threaten with non-supply there is the risk that a dominant provider will enforce a claim for payment even though the admissibility of the energy price increase has not yet been proved. The Bundeskartellamt has therefore instituted proceedings against one company and has called on all energy providers in its area of responsibility to refrain from issuing such threats in the future. We have made it clear that otherwise we will institute administrative offence proceedings that may result in fines of up to 1 Mio €.”