Germany

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 Villanueva, 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…

Competition enforcement, Digital markets, Digital Markets Act, Enforcement, European Court of Justice, Facebook, Germany, Privacy, Tying and Bundling

(University Villanueva, Spain)/ /Leave a comment

The wheels of the German competition authority’s enforcement of its dedicated rules on digital markets have started to turn (on the technical and substantive aspects of Section 19a GWB, see previous posts here and here). According to the recently introduced rules, the Bundeskartellamt first formally determines that an undertaking is of paramount significance for competition…

Enforcement, Germany, Information exchange, Investigations, Switzerland

, (Lenz & Staehelin)/ /Leave a comment

New Cooperation Agreement On November 1, 2022, Switzerland and Germany signed an administrative agreement on cooperation between their competition authorities (“Agreement”). The Agreement is expected to enter into force in September 2023 at the earliest because the Swiss Federal Assembly still has to approve the Agreement. The ratifying German Federal Ministry of Economics and Climate…

Cartels, Class action, Collective Redress, Damages, Germany, Private actions, Private enforcement

(Spieker & Jaeger)/ /1 Comment

The collective private antitrust cases in the so-called timber cartel keep many German courts busy. At the beginning of the year, the Stuttgart Regional Court rejected any claims for cartel damages in a rather blunt manner [Link]. Now, the Regional Court of Dortmund has heard the case. As Dortmund is located in Germany’s Westfalia region,…

Abuse of dominance, Arbitration, Germany, Sport

(Rosenstein & Rolf & Frohoff)/ /Leave a comment

Background More than 13 years ago, speed skater Claudia Pechstein had an abnormal blood sample, which she had to give as part of a doping control. She was subsequently banned in 2009 by the International Skating Union (ISU) for two years. The Court of Arbitration for Sport (CAS) confirmed this ban in 2009. According to…

Abuse of dominance, Competition law, Data protection, European Union, Facebook, Germany, Poland, Privacy, United Kingdom

(University of Strathclyde)/ /Leave a comment

In the wake of the recent hearing of the CJEU in the German Facebook case, this post assesses two common views on the integration of competition law and privacy policy, providing a general overview of the debate we are currently facing and reflecting on its apparent future.   How privacy is relevant for competition law?…

Competition Law 2021, Damages, Digital economy, Dominance, Enforcement, Germany, Horizontal, Judicial review, Litigation, Merger control, Online platforms, Price fixing, Rebates, Uncategorized

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

The following is a selection of some of the most important developments in German competition law and policy in 2021.  It has been a busy year for the Federal Cartel Office (“FCO”), inter alia because the new rules for digital companies took effect.  The following covers cases under these new rules, abuse of dominance, merger…

Antitrust, Apple, Big data, Competition enforcement, Digital competition, Digital economy, Digital markets, Dominance, Enforcement, Germany, Online platforms

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

In January 2021, the latest reform of the German competition law (“ARC”) entered into force, including significant new rules regarding digital platform markets.  These include new powers for the Federal Cartel Office (“FCO”) under Section 19a ARC regarding digital gatekeepers with paramount cross-market significance for competition (for more details on the new norm, see here). A…

Damages, Economics, Evidence, Germany

(University of Vienna, Austria)/ /3 Comments

Last week, the German Federal Court of Justice published its April 2021 judgment in Trucks II. The German Court – always good for a surprise – was overall less favourable to the claimant. In particular, it emphasised the role of economic party opinions and regression analysis, especially in relation to the factual presumption of price…