Kartellrechtliche Missbrauchsaufsicht über Gebühren

Is the German Competition Act applicable to public authority economic action governed by public law? This work approaches the issue – due to greatly varying prices and § 185 (1) sentence 2 GWB – based on the abuse control of drinking water charges levied by a public law entity. It analyzes the extensive legal division between the abuse control under the GWB over prices and the supervision of municipal authorities exercised by the individual Länder over charges. The work examines whether that gap can be bridged by interpretation or under consideration of EU law. Finally, it proposes to abolish § 185 (1) sentence 2 GWB and to adopt an equivalent to Art. 106 (2) TFEU to systematically consider public interests.