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German Act against Restraints of Competition (GWB) Germany

Dechert LLP

DAMITT 2023 Year in Review: Merger Control Trends in Germany and France

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Since 2020, our antitrust/competition practice has expanded the Dechert Antitrust Merger Investigation Timing Tracker (DAMITT) to include Germany and France. This supplements DAMITT’s U.S. and EU coverage with comprehensive...more

Dechert LLP

DAMITT 2022 Year in Review: Merger control trends in Germany and France

Dechert LLP on

In France and Germany, the trend is towards a drastic fall in significant investigations, combined with an exceptional duration of these investigations. Meanwhile, in both jurisdictions the average outcome shows an increasing...more

Hogan Lovells

Antitrust restrictions on price increases?

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Antitrust law may restrict price increases if the preconditions of a pricing abuse are met. However, decision practice on this topic is scarce. Therefore, EDEKA’s petition for a preliminary injunction filed against Coca-Cola...more

McDermott Will & Emery

New German Antitrust Rules: A Positive Move for Compliance Programs

McDermott Will & Emery on

What has changed? • On January 19, 2021, new German antitrust rules entered into force under the 10th amendment Act to the Act against Restraints of Competition (ARC) and introduced a number of significant changes. •...more

McDermott Will & Emery

New German Merger Control Thresholds: A More Business-Friendly Approach?

McDermott Will & Emery on

What Happened: • On January 19, 2021, major changes to German antitrust/competition law, i.e. the 10th Amendment Act to the German Act Against Restraints of Competition (ARC) entered into force. • In addition to...more

Morrison & Foerster LLP

Germany Strives For A “More Focused” Merger Control Regime, Shifting Attention To Problematic Deals

Major changes in the German merger control regime can be expected for 2021. Today, the German government adopted the draft 10th Amendment to the German Act Against Restraints of Competition (the “Draft”). The Draft will now...more

Hogan Lovells

Hunting unicorns: German and Austrian Competition Authorities publish draft Guidance Note on Transaction Value Thresholds

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Since 2017, new merger control thresholds have been in effect in Germany and Austria which do not depend on the revenues generated by the parties but, rather, on the value of the transaction....more

Hogan Lovells

"Friends forever? Joint and several liability for cartel damages"

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Good friends can never be separated… - In 2014, the German Antitrust Authority (the Bundeskartellamt) imposed a fine of almost EUR 200 million on a single member of the ‘sugar cartel’. Therefore, the price for a good...more

Hogan Lovells

What applies as of when? – When will the 9th amendment of the German Act against Restraints of Competition (GWB) apply?

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So it has begun. However, when will the new provisions of the 9th amendment of the GWB actually apply? Aside from a number of exceptions, the 9th amendment will come into force on the day following its promulgation. But, a...more

Hogan Lovells

Closing the so called "Sausage gap" – Cartel fine procedures after the 9th amendment of the German Act against Restraints of...

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With the amendments to the cartel fine procedure introduced by the 9th amendment of the GWB the legislator intends a harmonization with EU-law and significantly extends the liability for cartel fines....more

Hogan Lovells

Digital is trump! – Market definition and new dominance criteria for digital markets

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On 9 June 2017, the 9th amendment of the German Act Against Restraints of Competition (ARC) entered into effect introducing important amendments for companies to German competition law (please see the highlights of the 9th...more

Hogan Lovells

Mind the gap – New Size-of-Transaction Test in German merger control

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New German competition law: Germany takes a pioneering role in adapting its competition law to the digital economy (Part 1) - On 9 June 2017, the 9th amendment of the German Act Against Restraints of Competition (ARC)...more

Hogan Lovells

The return of the kin liability (Sippenhaft) – Liability of parent companies after the 9th amendment of the German Act against...

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The Middle Ages are regarded as the golden age of the kin liability (Sippenhaft) in Germany. According to the principle of kin liability, family members had to stand up for the actions of their relatives, regardless of...more

Hogan Lovells

(No) need to argue – What is certain, what is presumed and what can be estimated in cartel damage litigation after the 9th...

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Where is no plaintiff, there is also no judge: Private enforcement of competition law presupposes that there are plaintiffs who take a cartel to court. Plaintiffs exist where actions are worth it. Cartel victims may obtain...more

Hogan Lovells

Plaintiff's paradise? – The passing-on defense after the 9th amendment of the German Act against Restraints of Competition (GWB)

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Cartelists facing damage claims by their customers regularly defend themselves with the objection of the so-called passing-on defense. According to such objection, a purchaser of the cartel cannot claim damages in so far as...more

Hogan Lovells

Tell me more, tell me more…The right to obtain information according to the 9th amendment of the German Act against Restraints of...

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Bye bye trade secrets? In the new ARC, confidential information and trade secrets still enjoy special protection. The reason is clear: as soon as secret information is revealed, it becomes obvious and, as such, is no longer...more

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