Vacation season = high gas prices?

Market Transparency Unit for Fuels publishes its quarterly report - gas prices rise significantly, but not due to the vacation season

Anyone who went on vacation by car over Easter could again have the impression that the prices at all gas stations had risen - as if this had been coordinated - just in time for the vacation season? But is this even true, or is the feeling deceptive?

Cartel agreement vs. parallel behavior

In principle, gas stations are of course also allowed to set their own fuel prices. The Federal Cartel Office's (“FCO”) hands are tied if there is no evidence of illegal price fixing by the oil companies. The FCO has not yet found any evidence of such illegal price fixing. As in other sectors, equal prices alone do not constitute evidence of collusion under cartel law. Equal prices can also result from systematic observation of the market behavior of competitors and from a free and uncoordinated adjustment of one's own prices. Under antitrust law, this is permissible parallel behavior.

Nevertheless, the FCO is monitoring price trends at around 15,000 gas stations in Germany with the help of the Market Transparency Unit for Fuels.[1] At the beginning of the week, the Market Transparency Unit for Fuels published its quarterly report,[2] which, unsurprisingly, confirms that fuel prices rose significantly in the first quarter of 2024.

Higher prices during vacation periods?

But are the oil companies now deliberately increasing prices at gas stations during the vacation season? In the public perception, this is certainly the case. However, according to the quarterly report of the Market Transparency Unit for Fuels, this is not the case. The Market Transparency Unit for Fuels has not noticed a general price increase during the vacation season in recent years.

Anyone who has the feeling that fuel prices will nevertheless rise again before the next vacation is recommended to take a look at one of the many price comparison apps. The Market Transparency Unit for Fuels has a whole list of these apps on the FCO’s website.[3]

July 10, 2024

Immo Schuler, LL.M. (UNC)

Immo Schuler advises on all questions of German and European antitrust law.