Bundeskartellamt und Verbraucherschutz

Abstract

Bundeskartellamt and consumer protection

About a year ago, as a first step, some competences in the area of consumer protection have been conferred on the Bundeskartellamt. It has already made use of its new powers by launching sector inquiries on “Digital Comparison Tools” and “Smart-TVs” in October and December 2017, respectively. Should the Bundeskartellamt be entrusted with powers of intervention regarding consumer protection in the future, this will inevitably raise questions as to how this squares with the enforcement of competition protection, and about the appropriate institutional framework. A closer analysis reveals that competition protection and consumer protection largely align. Thus, competition protection, as practiced by the Bundeskartellamt, is a cornerstone of a comprehensive concept of consumer protection. Vice versa, the enforcement of consumer laws protects the competitive structure in the long run, since it guarantees fair competition on the merits and the functioning of markets. In exceptional cases only, competition protection and consumer protection might come into conflict. This could be the case if the cartel authority opposes practices that offer short-term advantages for consumers, but damage the diversity of supply in the long run. Conversely, a possible conflict could occur where overzealous interpretation and enforcement of consumer protection standards impedes competitive advances or innovation in a market. However, a single authority can resolve or at least appropriately balance such conflicts. For this and further reasons the Bundeskartellamt should, as a second step, be entrusted with powers of intervention in consumer matters. Following an international trend, this would make the Bundeskartellamt a “multitask agency” – an authority with various market-related tasks.