With little fanfare, on Friday, 1 July 2016, among a raft of other amendments to the Act against Restraint of Competition (‘ARC’; 9th amendment), the Federal Ministry of Economics proposed a far reaching change to German merger notification thresholds making it one of the few jurisdictions worldwide that take jurisdiction based on the size of…
On Friday, 1 July 2016, the German Federal Ministry of Economic Affairs finally published its draft law implementing the European Union directive governing actions for damages for infringements of competition rules (“Damages Directive”). The drafting process by the German Federal Ministry of Economic Affairs, which was formally in charge of drafting the law, took place…
The question of how to treat bans on sales via third-party internet platforms in selective distribution systems and the impact of the Court of Justice’s Pierre Fabre ruling (see judgment of October 13, 2011, case C-439/09) have been on the agenda in Germany for some time. Recently, the Frankfurt Court of Appeals has submitted a…
The FCO has ended the year 2015 with quite a bang when it prohibited internet hotel portal booking.com to continue to use its “narrow” best-price clauses on December 23, 2015. The decision includes an order to remove this clause in general t&cs and contracts by the end of January 2016 as far as hotels in…
On November 18, 2015, the Düsseldorf Court of Appeal quashed the decision of the Federal Cartel Office (“FCO”) that supermarket chain Edeka had abused its market power vis-à-vis suppliers by requesting special terms and conditions (“t&cs”) following its acquisition of discounter Plus in 2008 (so-called “wedding rebates”). The ruling is not yet published, only a…
This blog deals with the 2nd part of the FCO’s discussion paper on internet platforms: possible theories of harm and intervention of competition agencies. For the first part on general concepts please see my previous blog. Merger control The FCO explains that reducing the number of platforms may actually increase competition, due to the easier…
On October 1, 2015, the FCO published a paper entitled “Digital economy – internet platforms between competition law, privacy and consumer protection” on the occasion of a conference of the working group competition law (consisting of experts from the FCO, German ministries, other competition authorities, academia and judges). The paper discusses various competition law issues…
On December 23, 2103, the Federal Cartel Office (“FCO”) published an explanatory note on settlement proceedings in antitrust cases on its website. Since 2007, the FCO has increasingly terminated cases through settlements, so the note came rather late. Unlike the European Commission, the FCO has entered into settlement agreements without a specific regulatory basis and…
The FCO published new fining guidelines on June 25, 2013, which have been applied for several months now. However, the guidelines as well as the recent practice do not provide a lot of guidance. The previous fining guidelines followed a similar methodology as those of the European Commission: the FCO first determined a base amount…
On January 18, 2012, the district court of Bonn ruled on the scope of access to file for third parties in a cartel case under German law. The court rejected the claim insofar as it concerned access to leniency applications. This is a landmark decision. The court upheld the FCO’s practice to refuse access to…
