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11th Amendment to the German Competition Act (GWB): New Powers of Intervention for the Bundeskartellamt Creating New Challenges...

A Reform to Strengthen Competition - After publication on 6 November 2023, the long awaited latest reform of German competition law has finally entered into force. Germany’s Vice Chancellor and Federal Minister for Economic...more

Positive Effects of Compliance Programs Under the New Guidelines for Fines by the FCO

In October, the German Federal Cartel Office (Bundeskartellamt, "FCO”) published new guidelines on its leniency program and on the setting of fines in cartel proceedings. The guidelines substantiate the changes in the law...more

Narrow Best-Price Clauses Between Platforms and Hotels: German Federal Court of Justice Overturns Court Decision That Ruled These...

The German Federal Court of Justice (Bundesgerichtshof (BGH)) has recently published on 6 August 2021 the reasoning for its judgment of 18 May 2021 on best-price clauses, which overturned the previous decision of the...more

The Enforcement of Abuse of Economic Dependence in the EU

INTRODUCTION - Behaviors such as excessive pricing and refusal to supply are often well understood to create potential issues if the company is dominant. However, under the national laws of some EU member states, such conduct...more

Germany's Highest Antitrust Court Published the Detailed Written Statement of Reasons of its Facebook-Decision -- With...

On 23 June 2020 the German Federal Court of Justice (Bundesgerichtshof, BGH) orally announced its decision in the interim proceedings initiated by Facebook against the prohibition and cessation orders of the German Federal...more

German Court Decision: Narrow Best-Price Clauses Between Platforms and Hotels are Permissible Under Antitrust Rules

With its judgment of 4 June 2019 on best-price clauses, the Düsseldorf Higher Regional Court (Oberlandesgericht, “OLG”) annulled the deviating decision of the German Federal Cartel Office (Bundeskartellamt, “FCO”). ...more

New Merger Control Thresholds in Germany

The German legislator just paved the way for the introduction of new merger control filing thresholds. Based on a recently adopted amending law to the German Act against Restraints of Competition, Germany’s merger control...more

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