On 31 March 2017, the German Federal Council (Bundesrat) has voted in favour of passing the ninth amendment to the Act against Restraints of Competition (ARC) (Gesetz gegen Wettbewerbsbeschränkungen). According to the 31 March plenary report[1], the draft law is now about to be presented to the president for signature and will enter into force…
Will Germany establish a “Digital Agency” to monitor compliance with competition law rules in digital markets? Will a German “Digital Antitrust Enforcer” become a role model for a European protectionist approach against American and Asian platform providers? The German Federal Ministry for Economic Affairs and Energy seems to see a pressing need for regulation in…
Following the Parliament’s approval in early March, the Federal States Council, Germany’s second legislative chamber, has approved the most recent reform to German competition law on March 31, 2017. The new law will enter into force upon publication in the German official journal, presumably end of April/beginning of May. The reform was triggered by the…
On February 20, 2017, the Federal Cartel Office (“FCO”) has published a brochure outlining its cartel enforcement activities, roughly over the past ten years. The brochure aims at providing an insight into the FCO’s practice combatting cartels, including an overview of the FCO’s investigation proceedings and case studies. The brochure explains the current leniency regime,…
On January 25, 2017, the FCO published its long-awaited draft notice with guidance on resale price maintenance (RPM) related questions in the food retail sector in Germany. The draft is up for public consultation, and interested parties can submit comments by March 20, 2017. It is available on the FCO’s website, including in English, see…
The second part of the blog on the FCO’s background paper on “Competition and Consumer Conduct – Conflict or Parallelism between Consumer Protection and Antitrust Law?” covers the interplay between consumer and competition protection and their legal tools in practice, including recent and potential future developments. (For the first part on the general principles please…
The Federal Cartel Office (FCO) held a conference with antitrust experts (professors and judges) on October 6. 2016, on “Competition and Consumer Conduct – Conflict or Parallelism between Consumer protection and Antitrust Law?” As part of the conference, the FCO published a background paper on the same topic, available in German, see http://www.bundeskartellamt.de/DE/UeberUns/Veranstaltungen/ArbeitskreisKartellrecht/arbeitskreiskartellrecht_node.html I. Background…
On 21 September 2016, the German Government has introduced a formal legislative proposal (Gesetzesvorschlag – “Government Proposal”) for the reform of the Act against Restraint of Competition (“ARC”; 9th amendment) which builds on the draft proposal (Referentenentwurf – “Ministerial Draft”) of the Federal Ministry of Economics. It still includes the proposed extension of German merger…
“Hope Smiles from the threshold of the year to come, Whispering ‘it will be happier’…” Introduction This quote from Alfred, Lord Tennyson might – I sincerely hope after recent events – be applicable to life generally in Brussels in 2017. But not so – I fear – in the world of EU merger control. It…
The German Federal Cartel Office (“FCO”) terminated antitrust proceedings against toy manufacturer Lego on July 18, 2016, following Lego’s agreement to change its current rebate system. Lego will enable online retailers to obtain in practice the same amount of discounts as available for brick and mortar shops. The FCO had opened proceedings against Lego based…
