Der Strommarkt 2.0 im Lichte des europäischen und deutschen (Wettbewerbs) Rechts

This paper is dedicated to the in-depth analysis of the so-called "Strommarkt 2.0" [electricity market 2.0]. In concrete terms, the author examines whether the uniform marketing of conventionally generated electricity and (subsidised) renewable electricity on the German/Austrian first-time sales market (“Erstabsatzmarkt”) is in line with applicable (competition) law. In a first step, a detailed and critical description of the competitive conditions, existing structural deficits and the relevant markets in the generation sector is given. Then, the normative bases for the competitive assessment of the market structure are systematically presented with a detailed description of the relevant administrative and court practice. The market is then subjected to a detailed analysis on the basis of the normative specifications. Finally, options for an alternative design of the marketing of renewable electricity and conventional electricity are discussed.