Germany

Abuse of dominance, Data protection, Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, European Commission, European Court of Justice, Germany, Google, National competition authorities (NCAs)

(University Carlos III of Madrid, Spain)/ /Leave a comment

On 5 October 2023, the German competition authority adopted its first tangible evidence of enforcement surrounding its new competition rules (Section 19a GWB) directed at undertakings with paramount significance for competition across markets on its case against Google for its data processing terms (see the Bundeskartellamt’s decision designating Alphabet here and a previous comment on…

Cartels, Germany, National competition authorities (NCAs), National court, Private enforcement

(Clifford Chance)/ /Leave a comment

Introduction In the latest Judgement by the German Federal Court of Justice (FCJ) regarding Section 33g of the Act against Restraints of Competition (“ARC”) in BGH, Urt. v. 4.4.2023, KZR 20/21 – Vertriebskooperation im Schienenpersonennahverkehr (“Judgement”), which was added by the 9th Amendment of the ARC in 2017 and revised by the 10th Amendment of…

Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, Ex ante regulation, Germany, Google

(University of Zurich)/ /Leave a comment

On 21 June 2023, the Bundeskartellamt, the Federal Cartel Office (FCO), sent a statement of objections to Google and published its preliminary legal assessment of Google’s practices in connection with Google Automotive Services (GAS). According to the Authority’s preliminary evaluation, Google’s practices regarding the licencing of services for infotainment systems in vehicles fulfil the requirements…

Ancillary, Anticompetitive agreements, Burden of Proof, Competition enforcement, Enforcement, European Court of Justice, Germany, References for a preliminary ruling, Regulation, Restriction by object, Sport

(University of Cologne)/ /Leave a comment

Sport itself is all about the competition on the pitch. However, sports federations’ actions and regulations have come increasingly into the focus of competition watchdogs and courts worldwide. A well-known example is the dispute over the establishment of the European Super League. As the recently announced merger between golf associations PGA and L.I.V. demonstrates, competition…

Germany, National competition authorities (NCAs), Private enforcement, Sector inquiries

, , , (Morrison Foerster)/ /Leave a comment

On July 6, 2023, the German parliament adopted the “Competition Enforcement Act.” The new law still lacks final approval by the Bundesrat, which will not be granted before the end of September, but this is only a formality. It marks the 11th amendment to the Act against Restraints on Competition (ARC11), Germany’s national antitrust law….

Abuse of dominance, Advertising, Advocate General, Digital, Digital competition, Digital economy, Digital Markets Act, Enforcement, European Court of Justice, Facebook, Germany, References for a preliminary ruling

(University Carlos III of Madrid, Spain)/ /2 Comments

On 4 July 2023, the Court of Justice resolved the conundrum around the potential interaction between data protection regulation and competition law following the legal opera that started in 2019 with the German competition authority’s case against Facebook/Meta’s processing activities (for a summary of the case, see here). The ruling hops onto Advocate General Rantos’…

Competition Law 2022, Germany

(Heinz & Zagrosek Partner mbB, Germany)/ /Leave a comment

The following is a selection of some important developments in German competition law and policy in 2022.  It covers cases under the new rules for digital companies, abuse of dominance, merger control, antitrust (cartels, horizontal cooperation and vertical cases) and damages litigation.   Special rules for the digital companies – Section 19a ARC The Federal…

Digital competition, Digital economy, Digital markets, Digital Markets Act, Germany, New Competition Tool, Sector inquiries

(University Carlos III of Madrid, Spain)/ /Leave a comment

The German Federal Ministry for Economics and Climate Action published the draft for the 11th amendment of the Competition Act (GWB) on the 6th of April, following the same path towards the DMA’s effective implementation under the powers conferred upon NCAs pursuant to Article 38(7). Up until now, The Netherlands has also issued the draft…

Anticompetitive agreements, Burden of Proof, Cartels, Damages, Germany, Liability, Litigation

(CDC Cartel Damage Claims Consulting)/ /Leave a comment

On 5 January 2023, the German Federal Court of Justice (Bundesgerichtshof, BGH) published an important judgment in relation to follow-on damage actions relating to the so-called German drugstore products cartel (Case KZR 42/20). In its ruling, Germany’s highest civil court also confirmed a factual presumption of harm in the case of anticompetitive information exchanges. This…

Abuse of dominance, Advertising, Digital competition, Digital economy, Digital markets, Facebook, Germany, Google, Privacy, Regulation

(University Carlos III of Madrid, Spain)/ /Leave a comment

Last 23 December 2022, the Bundeskartellamt, the Federal Cartel Office (FCO), sent a statement of objections (SOO) to Google regarding its data processing terms. This SOO follows the Bundeskartellamt’s prior designation as an undertaking with paramount significance for competition across markets under the German DMA-like provision of Section 19a GWB. Looking at the SOO and…