The term “Assignment Model” refers to a mechanism of bundling damage claims. It is not a statutory instrument, but in some Member States, such as Germany, it is possible as a workaround. The Landgericht Dortmund (Regional Court of Dortmund) decided on referring to the ECJ for a preliminary ruling in the Roundwood Case asking about…
Introduction Cartel damages proceedings are a highly interdisciplinary endeavour between lawyers and economists in many jurisdictions, including Germany. Lawyers and courts in such proceedings must, among other things, answer a fundamentally economic question—namely, what would have been the price in a market absent the infringement? In addition, the European Damages Directive of 2014 has set…
Introduction Last week, Advocate General Maciej Szpunar delivered his Opinion in case C-253/23, a preliminary reference that stems from a form of collective private enforcement of competition law in Germany called the ‘assignment model’. This type of litigation is based on the fiduciary assignment of claims from a high number of persons or companies who…
On April 24, 2024, the German Federal Court of Justice (FCJ) rejected Amazon’s appeal against the decision of the Federal Cartel Office (FCO) of July 2022, designating Amazon as a gatekeeper under national competition law, Section 19a ARC. The ruling clarifies important aspects of this provision designed to capture large digital companies (see translation of…
Executive Summary On 20 February 2024, the German Federal Court of Justice (“FCJ“) ruled on the disclosure of trade secrets in antitrust proceedings. The underlying case (File No. KVB 69/23) concerns the German Federal Cartel Office’s (“FCO“) antitrust investigation into Google’s business practices and the FCO’s intention to disclose information to a third party TomTom,…
In its decision of 17 June 2024, the German Federal Cartel Office (FCO) has cleared the takeover of Olink Holding AB (publ), Sweden (“Olink”) by Thermo Fisher Scientific Inc., USA (“Thermo Fisher”) after an extensive review period exceeding five months (press release). This case marks a significant milestone as it is the first time that…
Ever since its introduction in 2021, Section 19a of the German Act against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen or “GWB”) has attracted attention, not only in Germany, but also around the globe. Through this provision, the national legislator strengthened the regulatory framework against potentially anti-competitive practices by specific market players, namely “undertakings of paramount…
The Digital Markets Act (DMA) introduced an innovative framework aimed at promoting contestability and fairness in digital markets. In addition to imposing a multitude of substantial obligations on gatekeepers, the DMA incorporates a sophisticated and multi-faceted enforcement system. The European Commission assumes the primary role as the enforcer of the DMA, while the Member States…
Tension is mounting among TV broadcasters and streaming providers as the German Bundeskartellamt (Federal Cartel Office – FCO) approved the plans to award the media rights on February 26, 2024 and the DFL’s tendering process will begin shortly. However, the FCO has still not decided the associated antitrust issues, which have been hovering over the…
The following is a selection of some important developments in German competition law and policy in 2023. It covers the latest competition law reform, cases under special rules for digital gatekeepers, abuse of dominance, merger control, antitrust (cartels, horizontal cooperation) and damages litigation. 11th Amendment of the ARC On November 7, 2023, the latest…
