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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 ....

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