Zugangspflichten

Zugangspflichten are legal obligations that require a dominant market player to grant access to its essential facilities or networks to other undertakings. They are intended to prevent bottlenecks and to promote effective competition by ensuring that new entrants can use infrastructure such as transmission or distribution networks, interconnection points, or other critical facilities under fair, non-discriminatory, and transparent conditions.

In the European Union and Germany, access duties can be imposed when a firm holds a dominant position or controls an essential facility. Regulators, including competition authorities and sector-specific regulators, may order access if denial or discriminatory treatment would impede competition. The obligations typically cover access terms, publication of conditions, non-discriminatory pricing, and procedures for resolving disputes.

The terms of access are designed to be objective, predictable, and proportionate. Pricing is generally expected to reflect reasonable, cost-based criteria, and access agreements should be negotiated in good faith. When negotiations fail, regulators or designated dispute-resolution bodies can intervene to set terms or arbitrate.

Zugangspflichten do not replace ordinary market contracting but complement it where market power or infrastructure bottlenecks would otherwise hinder competition. They are subject to periodic review to adapt to changing market conditions. Critics warn of regulatory overreach, while supporters highlight benefits for market entry, lower barriers for competition, and potential improvements in service and pricing for end users.