Formalities - Collection and purification of water incl. purchases from other suppliers for distribution - Water concession and water demarcation agreements; registration - Dienstleistungsportal Bayern

Description

Contracts of the utility industry pursuant to Section 31 (1) Nos. 1, 2 and 4 ARC which regulate a public supply of water, as well as amendments and supplements thereto, shall require notification to the antitrust authority in order to become effective. The notification criteria set out in Section 31a (1) ARC shall be observed.

Contracts shall be registered separately in each case. Notification by one of the contracting parties shall suffice. A notification form is not prescribed.

The notification must contain the following information:

• the names and addresses of the contracting parties
• the date of the contract,
• the content of the contract, but at least
  • the exclusive agreements or other agreements of the kind referred to in Sections 31, 31a of the ARC contained in the contract,
  • all agreements relating to the term of the contract, in particular the commencement date, the end date, any extensions of the contract and notice periods, as well as; ,
• Contracting party and contract date of the contract replaced by the notified contract

Elements of the contract that are significant under antitrust law (including site plans, area maps, etc.) shall be enclosed.

Since the concrete text of the contract is decisive for the assessment under antitrust law, it must be evident from the notification. Therefore, the contractual agreements mentioned above may not be paraphrased, but must be filed with the full wording. Insofar as only the agreements relevant to competition are communicated from the entire contract, it must be recognizable at which point of the contract the regulation is to be found (indication of the respective section or other subdivision of the contract).

Prerequisites

none

Deadlines

none

Fees

• Fee assessment for the registration of contracts according to § 31, 31a GWB between € 150 and approx. € 1,500 (depending on the size of the contract area or the scope of delivery).

Legal bases

• Verordnung über die Kosten der Kartellbehörden (KartKostV)
• § 31 Gesetz gegen Wettbewerbsbeschränkungen (GWB)

  Verträge der Wasserwirtschaft

• § 31a Gesetz gegen Wettbewerbsbeschränkungen (GWB)

  Wasserwirtschaft, Meldepflicht

Remedy

Pursuant to Section 73 (1) of the ARC, an appeal may be lodged with the Bavarian State Ministry of Economic Affairs, Regional Development and Energy as the state cartel authority within a period of one month beginning with the notification of the decision.