Bundeskartellamt closes proceedings on adequate network access for Ingolstadt refinery

Today the Bundeskartellamt has closed its proceedings against the group companies of the Transalpine Ölleitung (transalpine oil pipeline, TAL). The Ingolstadt refinery will now be granted access to the TAL for its crude oil supplies, on the basis of appropriate network fees.

The Ingolstadt refinery is one of 13 refineries in Germany that process crude oil into mineral oil products (inter alia petrol and diesel fuels). The Gunvor group purchased the Ingolstadt refinery after the latter had become insolvent. To resume the operation of the refinery, it was decisive that the supply with crude oil via the TAL (which leads from Trieste to Bavaria) was assured. Access to the pipeline was initially denied to the refinery. Gunvor therefore filed a complaint with the Bundeskartellamt in August 2012.

Andreas Mundt, President of the Bundeskartellamt: "The Ingolstadt refinery has a justified claim to be granted access to the TAL, as this pipeline is an essential infrastructure facility without which the operation of the refinery would not be possible."

On account of the high time pressure in the insolvency proceedings the Bundeskartellamt had suggested a settlement agreement to the parties at the beginning of September 2012. This suggestion was accepted by the parties and subsequently implemented. The operation of the refinery was thus secured for the time being.

In the further course of the proceedings, the Bundeskartellamt investigated whether the allocation of capacities in the case of shortages and the level of network fees were appropriate. In the Bundeskartellamt's view, both the capacity management and the new tariff system of the TAL are non-discriminatory and in line with competition law. The proceedings could therefore be terminated.