Germany’s Federal Cartel Office has temporarily suspended its landmark investigation into competition conditions in the wholesale fuel market after the Higher Regional Court of Düsseldorf halted key information requests issued to price reporting agencies Argus Media and S&P Global.
The proceedings, launched in March 2025, were the authority’s first use of the new competition instrument under Section 32f(3) of the German Competition Act, which allows intervention against structural distortions of competition without requiring proof of a specific infringement. The case focuses on whether price information services contribute to weakening competition in wholesale fuel trading by disseminating detailed and real-time pricing data among market participants.
The Cartel Office had sought information from Argus Media and S&P Global as part of its investigation, but both companies challenged the requests. The Düsseldorf court granted interim relief, suspending the disclosure orders and effectively pausing the investigation.
Cartel Office President Andreas Mundt criticised the ruling and confirmed that the authority has appealed to the Federal Court of Justice. He stressed that understanding the role of price reporting agencies is central to assessing competition risks in wholesale fuel markets and warned that the investigation cannot continue without the requested information.
The court’s preliminary view raises broader questions about the scope of the Cartel Office’s powers under Section 32f(3). It reportedly doubts whether the authority has a sufficient legal basis to issue binding information requests in proceedings under the provision and suggested that price reporting agencies may fall outside the reach of remedial measures because they do not themselves trade in fuel. The court also expressed concerns that requiring the agencies to identify pricing contributors could infringe constitutionally protected press freedoms and source confidentiality.
The decision is particularly important because it also extends to the revised version of Section 32f(3), which was strengthened in April 2026 to streamline the procedure as part of Germany’s Fuel Measures Package.
Pending clarification from the Federal Court of Justice, the Cartel Office will not pursue the Section 32f proceedings further. Instead, it is shifting resources toward enforcement under Section 29a GWB, Germany’s new anti-abuse provision targeting pricing practices in fuel markets. The appeal is expected to provide the first judicial guidance on the scope and limits of Germany’s new structural competition tool.
