Successful against unfair competition before the Higher Regional Court of Düsseldorf

24. June 2025 | NEON has secured a landmark victory before the Higher Regional Court of Düsseldorf in a pivotal competition law case on behalf of one of Germany’s largest energy suppliers.

The court rejected a competitor’s practice of contract conclusion via self-dealing. A competitor had terminated thousands of energy supply contracts due to rising procurement costs, dumping affected customers to our client’s basic supply. Alongside the termination notice, the competitor enclosed a pre-formulated power of attorney designed to allow the utility to unilaterally re-enroll former customers once prices became favorable again. However, the contents of this power of attorney did not consistently reflect the assurances made in the accompanying letter.

Our client deemed this conduct unfair on several grounds — particularly due to the significant potential for abuse posed by the competitor’s version of the power of attorney. It failed to specify the conditions under which it could be exercised or the terms that would apply to returning consumers. The court found this approach to be an unlawful circumvention of consumer protection regulations in the highly regulated energy market.

The case attracted widespread attention within the energy sector due to the fundamental legal issues involved. The decision marks not only a success for our client but also an important win for energy consumers across the board.