On the limited validity of secret competition under the EEG 2017

Cartel agreements in public tenders are of course prohibited. This also applies - one might think - to tenders under the EEG 2017. Admittedly, this is not about public procurement processes (unlike under classic public procurement law), but about the public promotion of energy production from renewable energies. Nevertheless, the layman's assumption suggests that the principle of secret competition must also apply here without restriction. The article by Dr Daisy Walzel and Dr Carmen Schneider examines why this superficial assumption only applies to a limited extent under the EEG 2017 (and rightly so), and also looks at the decision of the OLG Düsseldorf of September 2018. The result may come as a surprise, but in the authors' opinion it fits seamlessly into the systematics and rationale of the EEG 2017.

The entire article can be found in EnWZ 2019, 339-343.