The Bundeskartellamt has closed its proceeding concerning the 2018 model of Autobahn Tank & Rast GmbH for the award of fuel supply and distribution licences for motorway petrol stations without a formal decision.

In the 1990s Tank & Rast took over the management of the German motorway petrol stations from the state. However, it generally does not itself sell fuel at these stations but awards approx. 90% of the fuel supply and distribution licences to oil companies. For these companies motorway petrol stations still represent very attractive retail sites.

Originally these licences were exclusively awarded based on the so-called quota model, i.e. in proportion to the market shares held by the oil companies in the off-motorway petrol station business. The Bundeskartellamt saw the danger that the quota system might restrict possible market entries and individual business strategies of the oil companies. In 2011 the authority opened up this system to more competition (see decision of 14 January 2011, in German): From 2013 only a maximum of 65% of the licences were awarded according to the quota model, other licences were auctioned.

Andreas Mundt, President of Bundeskartellamt: "We took a close look at the 2018 award model. By further reducing the quota share, the market will be opened further. The model contains components specifically aimed at protecting small and medium-sized oil companies. We saw no need for intervention by the authority."

"In view of the distinctively high petrol prices on the motorway it is worthwhile for consumers to use the petrol station apps and select cheaper alternatives", Mundt continued.

Autobahn Tank & Rast GmbH designs its award model based on the company’s own assessment of its compliance with competition law. After consulting the business community concerned, the Bundeskartellamt discussed the competition law criteria for such a model with the company and obtained certain modifications. 

The authority's decision of 2011 provided for the further opening of the market from 2018 onwards. The new award procedure takes account of this requirement in that the share of licences allocated according to the quota system will in future only amount to max. 49%. The modified award model still takes adequate account of the concerns of the small and medium-sized oil companies.