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The Digitalization Act, which entered into force on January 19, 2021, substantially extends the scope of German antitrust law to tackle presumed enforcement challenges in the digital economy and raises merger control thresholds across all industries.
The Digitalization Act is the 10th amendment of the German Competition Act (GWB), the so-called GWB10. The most prominent changes include:
A new quasi-regulatory tool to prohibit certain conduct patterns of platforms on multi-sided markets and networks (§ 19a). This new tool is combined with a shortening of the judicial review process (§ 73(5)) appeals can now only be heard by the Federal Court of Justice (FCJ).