The Development: The Bundestag, the German legislature, amended Germany's antitrust laws to include special competition rules for digital platform "companies with overwhelming importance for competition across multiple...more
The Situation: On August 22, 2019, the German Ministry of Justice and Consumer Protection presented the draft Corporate Sanctions Act ("CSA"), a bill that would establish corporate criminal liability in Germany.
The...more
9/13/2019
/ Attorney-Client Privilege ,
Compliance Management Systems ,
Corporate Counsel ,
Corporate Crimes ,
Corporate Investigations ,
Criminal Liability ,
Germany ,
Internal Investigations ,
Law Enforcement ,
Ministry of Justice ,
Risk Mitigation ,
Sanctions ,
White Collar Crimes
This Jones Day Global Merger Control Update discusses developments in existing merger control regimes over the first half of 2018, as well as the emergence of new merger control regimes worldwide.
Over the past few years,...more
8/15/2018
/ Acquisitions ,
Canada ,
China ,
Competition Authorities ,
Corporate Counsel ,
Cross-Border ,
Foreign Acquisitions ,
Foreign Investment ,
Germany ,
Hart-Scott-Rodino Act ,
Italy ,
Merger Controls ,
Mergers ,
MOFCOM ,
Size of Transaction Test ,
Threshold Requirements ,
UK
The Situation: Market-dominant and powerful companies in Germany are subject to a number of rules that are significantly broader and stricter than the European Union's, Article 102 AEUV, which prohibits the abuse of a...more
2/23/2018
/ Abuse of Dominance ,
Acquisitions ,
Bargaining Power ,
Cherry Picking ,
Federal Cartel Offices ,
Foreign Acquisitions ,
German Supreme Court ,
Germany ,
Reimbursements ,
Suppliers ,
Unfair or Deceptive Trade Practices
The German Federal Cartel Office ("FCO") provided guidance on several hot antitrust topics in July 2017. While the guidance is contained in the FCO's report on its sector inquiry into the cement and ready-mix concrete...more
The German Federal Cartel Office (Bundeskartellamt or "FCO") has published guidance on the requirements placed on remedies in merger control and their implementation. Remedies are an important instrument in merger control...more
This is the quarterly Jones Day Global Merger Control Update, which will discuss recent developments in existing regimes and the emergence of new merger control regimes worldwide.
In recent years, there has been a surge...more
5/31/2017
/ Acquisitions ,
Antitrust Provisions ,
Austria ,
Chile ,
Cross-Border Transactions ,
Germany ,
Hungary ,
India ,
Merger Controls ,
Mergers ,
Philippines ,
Risk Assessment ,
Threshold Requirements ,
Ukraine
The German Parliament has adopted the 9th Amendment to the German "Act against Restraints of Competition" ("ARC") or "Gesetz gegen Wettbewerbsbeschränkungen" ("GWB"). The new law will enter into force after publication in the...more
5/3/2017
/ Amended Rules ,
Antitrust Litigation ,
Antitrust Provisions ,
Cartels ,
Damages ,
Direct Purchasers ,
EU Damages Directive ,
Evidence ,
Germany ,
Indirect Purchasers ,
Joint and Several Liability ,
Merger Controls ,
Private Right of Action ,
Size of Transaction Test ,
Statute of Limitations