Water concession and water demarcation agreements; registration

Supply industry agreements pursuant to Section 31 (1) nos. 1, 2 and 4 ARC that regulate the public supply of water, as well as amendments and supplements to such agreements, must be notified to the antitrust authority in order to be effective. The notification criteria specified in Section 31a (1) GWB must be observed.

Contracts must be notified separately. Notification by one of the contracting parties is sufficient. A notification form is not required.

The notification must contain the following information

• the names and addresses of the contracting parties
• the contract date
• the content of the contract, but at least
  • the exclusivity agreements contained in the contract or other agreements of the type specified in Section 31, 31a ARC,
  • all agreements relating to the term of the contract, in particular the start and end of the contract, any contract extensions and notice periods, and; ,
• Contractual partner and contract date of the contract replaced by the notified contract

Components of the contract that are significant under antitrust law (including site plans, area maps, etc.) must be attached.

Since the specific text of the contract is decisive for the assessment under antitrust law, this must be evident from the notification. Therefore, the contractual agreements mentioned above may not be paraphrased, but must be notified in their full wording. If only the agreements that are relevant to competition are notified from the entire contract, it must be clear where in the contract the provision is to be found (indication of the respective section or other subdivision of the contract).

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