Germany

Abuse of dominance, Competition enforcement, Competition law, Digital competition, Digital economy, Digital markets, Germany, Legislation

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

The government’s draft for new competition rules, including on (digital) platforms, published in September 2020 (see here) includes a provision specifically aimed at powerful digital gatekeepers, draft Section 19a ARC.  The proposal was debated in parliament on November 25, 2020, is largely expected to be adopted more or less in its current form and to…

Amazon, Apple, Brand Gating, Digital economy, Germany, Self-preferencing

(University of Vienna, Austria)/ /4 Comments

The German Federal Cartel Authority continues its campaign against tech-giants by once again launching a probe into Amazon. This time, Amazon is not the only company affected. The authority also takes a closer look at Apple. Amazon has contracts with Apple, according to which only Apple dealerships and Amazon can offer Apple products on the…

Algorithms, Collusion, France, Germany

(Autorità Garante della Concorrenza e del Mercato)/ /Leave a comment

I. Introduction Algorithms may raise competition concerns especially when assessing collusive practices. Very often, the term “algorithm” is used improperly. When we imagine the cartels of the future, we are not talking, in fact, about a simple “algorithm”, which in itself is a neutral instrument. Rather, we refer to much more specific techniques for implementing…

Abuse of dominance, Digital markets, E-commerce, Enforcement, Germany

(Heinz & Zagrosek Partner mbB, Germany)/ /1 Comment

On July 17, 2019, the German Bundeskartellamt (Federal Cartel Office, “FCO”) terminated its dominance probe into Amazon’s business terms towards sellers on its marketplace after Amazon agreed to various changes, see press release here here. Amazon will implement the changes within 30 days, not only in Germany, but for all of its marketplaces in Europe,…

Competition law, Court of Appeal, Digital markets, Germany, Online platforms, Vertical restraints

(Heinz & Zagrosek Partner mbB, Germany)/ /1 Comment

On June 4, 2019, the Düsseldorf Court of Appeal quashed the decision of the Federal Cartel Office (“FCO”) prohibiting Booking.com to operate so-called narrow most favored nation (MFN) clauses (or best price clauses) on its hotel booking platform with hotels in Germany, see press release here.  It thereby set a (preliminary) end to a long saga…

Abuse of dominance, Big data, Data protection, Facebook, Germany, Online platforms

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

On February 7, 2019, Germany’s Federal Cartel Office (“FCO”) issued its long-awaited decision in the Facebook case, see press release and background paper in English here. It qualifies Facebook’s current practice of collecting and matching data of its users from third-party services/websites, including on What’sApp and Instagram, without explicit consent as an abuse of dominance.  Facebook…

Abuse of dominance, Antitrust, Big data, Competition law, Economics, Enforcement, Germany

(Heinz & Zagrosek Partner mbB, Germany)/ /1 Comment

On September 4, 2018, the German Ministry for Economic Affairs has published a report by economic and legal experts analyzing some key issues of abuse of market power in the digital platform economy (see an English summary here.) The report provides an overview of the status quo and recommendations, and is understood to be the…

Cartels, Damages, Germany

(McDermott Will & Emery)/ /Leave a comment

In July 2005, Germany adopted a new law providing that the limitation period for damage claims is suspended during the investigation of a competition authority (“Suspension Provision”). Ever since, it was unclear whether the Suspension Provision applies only to infringements committed after the new provision came into force, or whether it has retroactive effect. In…

Austria, Enforcement, Germany, Mergers

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

On May 14, 2018, the German and Austrian competition authorities have published joint draft guidelines on the new transaction value merger thresholds, including an English translation (see here). Comments can be submitted by June 8, 2018. It would certainly be helpful if members of the legal and economic community from jurisdictions with similar transaction size…

Antitrust, Germany

, (Covington & Burling LLP)/ /Leave a comment

Germany’s Federal Supreme Court (Bundesgerichtshof – BGH) has now published its full judgment in EDEKA – wedding rebates (case KVR 3/17) on allegedly anti-competitive requests for preferential rebates and conditions by food retailers. For background on the preceding decisions of the Federal Cartel Office (Bundeskartellamt – BKartA) and Higher Regional Court of Düsseldorf (OLG Düsseldorf)…