Verivox vows to stop using 'best price' clauses

In the context of its examination of energy price comparison websites the Bundeskartellamt has discontinued its investigations against Verivox. The authority examined data products and tariff optimisation services offered by Verivox in the energy sector. At least the current design of these offers does not raise any competition law concerns. Moreover, Verivox has removed all 'best price' clauses (MFNs) that it had agreed on with energy providers from its existing and future contracts.

Andreas Mundt, President of the Bundeskartellamt: "Comparison websites for the supply of electricity and gas generally have a positive effect on competition as they enable consumers to switch provider more easily. 'Best price' clauses can reduce this effect if they restrict the freedom of suppliers to set their prices and impede competition between different platforms. Verivox has now voluntarily pledged to stop using 'best price' clauses."

Verivox's decision to stop using these clauses is based on the Bundeskartellamt's decision (which has meanwhile been confirmed by the Higher Regional Court) to prohibit 'best price' clauses in contracts concluded between the hotel booking portal HRS and hotels in the market for the sale of hotel rooms via hotel booking portals (see press release of the Bundeskartellamt of 9 January 2015).