The Institute for Energy and Regulatory Law Inc (Institut für Energie- und Regulierungsrecht e.V.) was founded as the Centre for Antitrust Law in 1986 and is an independent non-profit association for legal research under private law.
The institute’s main research areas relate to the advancement of competition in the energy and telecommunication markets in the European Union and the development of the energy sector in an era of ever greater reliance on renewable energies („Energiewende“). The research activities focus on German and European regulatory law of network industries, energy efficiency and energy climate law, energy contract law and consumer protection law as well as energy antitrust law as a part of general competition law. Telecommunications and railway regulation has also been addressed since 1999. Since 2008, the Institute‘s activities have also included water law.
The institute aims at developing general principles for regulatory regimes of network industries aligned with European competition law. Consequently, in 2012 Prof. Säcker founded the Scientific Association for the Entire Realm of Regulatory Law („Wissenschaftliche Vereinigung für das gesamte Regulierungsrecht“), open only to full-time University professors. The association counts 40 members and has published the first volume “Foundations of Regulatory Law” (ed. by F.J. Säcker and M. Schmidt-Preuß) in its series.
The institute promotes the publication of large-scale commentaries on energy and telecommunication law. The Berlin Commentary on Energy Law (Kommentar zum Energierecht) was first published in 2004, the 3rd edition was published in the beginning of 2014. The Berlin Commentary on Telecommunications Law (Berliner Kommentar zum Telekommunikationsrecht) was first published in 2006, its 3rd edition was published in 2013. The fourth edition of the Berlin Commentary on Energy Law is underway and will be published in 2016/17. Already published is volume 4 on the Law on Metering in the Energy Sector (Messstellenbetriebgesetz). Currently, volumes 5 and 6 are in the publication process, including the Law on Electricity from Combined Heat and Power (KWKG) and the German Renewable Energy Law 2017 (EEG 2017) including the Law for Offshore Wind Energy (WindSeeG), respectively.
In 2015, Professor Säcker edited the second edition of volumes 1 and 2 of the Munich Commentary on European and German Competition Law (Münchener Kommentar zum Europäischen und Deutschen Wettbewerbsrecht), published by C.H. Beck. Simultaneously, the first volume of the first edition was published in English with the title „European Competition Law – Practice and Procedure“ with Sweet & Maxwell. Volume 3 on State aid and public procurement law was published in 2011. The second edition will be continued with volumes 3 and 4 (procurement law) and volume 5 (State aid law) the publication of which is planned for 2017. Due to its relevance the State aid law commentary has already been published in 2017 with Nomos.
In 2010, C.H. Beck published two textbooks: Antitrust Law Casebook (“Kartellrecht in Fällen”) and Copyright and Trademarks Casebook (“UWG und Markenrecht in Fällen”) by the authors Säcker and Wolf. The second volume of the Antitrust Law Casebook will be published by the end of 2018. The academic work on the 7th edition of the Munich Commentary on the German Civil Code (“Münchener Kommentar zum BGB” comprising 12 volumes (2014-2017) has been published. Work on the 8th edition has already started.
Furthermore, more than ten years of close cooperation with Russian universities and experts of theoretical and practical knowledge have produced the Handbook on German-Russian Energy Law (“Handbuch zum deutsch-russischen Energierecht”), edited by F.F. Säcker in 2010. The Russian version „Энергетическое Право России и Германии: Сравнительно-Правовое Исследование“, edited by Prof. Lachno and Prof. Säcker, was published in 2011 and received numerous appraisals. The next edition will be published in 2018.
The institute promotes the publication of distinguished research results of its research assistants and over 120 doctoral candidates in its red series of monographs by Peter Lang Verlag and its blue series of monographs (ed. by Körber/ Säcker/ Schmidt-Preuß). Since 2007, 60 monographs have been published.
The institute also organizes the postgraduate Master of Business Law “International and European Energy Law” at Technical University Berlin (TU Berlin). The course is taught in English and classes are held at TU-Campus EUREF on the historical site in Berlin-Schöneberg.
Furthermore, the institute cooperates with other scientific institutions in the field of energy law in Germany and abroad, e.g. with the relevant chairs at the Technical University Berlin, the Institute for Energy Law at the University of Dresden, the Institute for energy and mining law at Kutafin University in Moscow, the Institute for State and Law at the Russian Scientific Academy in Moscow and the Institute for Business and Economic Law at Lomonossow University in Moscow. Prof. Säcker is himself visiting professor at the College of Comparative Law at China University, Beijing. Furthermore, the institute has a cooperation agreement with the Institute for Competition and Regulatory Law at Dresden University (Prof. Mohr).
Professor Säcker is a member of the Academic Working Group (Wissenschaftlicher Arbeitskreis (WAR)) at the Federal Regulatory Authority for electricity, gas, telecommunication, postal services and railways (Bundesnetzagentur für Elektrizität, Gas, Telekommunikation, Post und Eisenbahnen) as well as of counsel to the Academic Institute for Infrastructure and Communication Services (Wissenschaftliches Institut für Infrastruktur und Kommunikationsdienste (WIK), Bad Godesberg).