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Gibson Dunn | Digitalization Act : Significant Changes to German Antitrust Rules

ACR”) entered into force, also known as “GWB Digitalization Act” (the “ Amendment”). With the passing of the Amendment[1], Germany is setting the pace for an ambitious goal: the regulation of digital platforms. As noted during the parliamentary discussion[2], the new provisions are specifically designed to provide the German Federal Cartel Office ( Bundeskartellamt) with an efficient instrument against alleged “Wild West methods” in the digital sector to keep digital markets open. The Amendment also introduces a number of other changes to the German Competition Act concerning, inter alia, antitrust investigations procedure, leniency and cartel damage claims. In the legislative process, the German Parliament has also implemented some last-minute changes to the merger control provisions: the two domestic turnover thresholds were increased from EUR 25 million to EUR 50 million, and from EUR 5 million to EUR 17.5 million. This major policy shift will result in a s

The Enforcement of Abuse of Economic Dependence in the EU | K&L Gates LLP

[co-author: Maria Cristina Cancilleri] 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 can be problematic without the company being dominant on the market, but rather when another party is in a position of economic dependence to the market participant in relation to its dealings with that party. This could include a customer, a supplier, a distributor or a franchisee and could be considered to introduce an additional, arguably relatively onerous, obligation on companies to treat counterparties fairly in these geographies.

EU: Economic Dependence Abuse Enforcement

Thursday, January 28, 2021 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 can be problematic without the company being dominant on the market, but rather when another party is in a position of economic dependence to the market participant in relation to its dealings with that party. This could include a customer, a supplier, a distributor or a franchisee and could be considered to introduce an additional, arguably relatively onerous, obligation on companies to treat counterparties fairly in these geographies.

Deutsches Kartellamt prüft Marktmacht-Missbrauch durch Lufthansa

Deutsches Kartellamt prüft Marktmacht-Missbrauch durch Lufthansa
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