Anwendbarkeit der kartellrechtlichen Missbrauchsaufsicht auf Fernwärmenetze

District heat production, transport and retail are currently provided per network by a single integrated supplier in Germany, although there is a chance of competing other producers and retailers, such as companies with industrial waste heat. The question of opening the market and third party access in district heating networks arises.

The author concludes that the integrated district heating suppliers are generally obliged to allow non-discriminatory third party access to their networks in order to avoid abusing their dominant market position. Moreover, this thesis shows that the introduction of an ex ante regulated third party access in district heating networks is legally necessary.