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Antitrust Provisions Cartels Germany

Hogan Lovells

No Value in the Future? The Twists and Turns of Germany’s Transaction Value Threshold

Hogan Lovells on

Narrower scope, clearer lines: In a string of rulings, the German Federal Cartel Office (“FCO”) has seen its broader interpretation of the transaction value threshold curtailed. These decisions should, for the time being,...more

A&O Shearman

Antitrust in focus - April 2023

A&O Shearman on

This newsletter is a summary of the antitrust developments we think are most interesting to your business. Ellen Braun, partner based in Germany, is our editor this month (learn more about Ellen in our Q&A feature at the end...more

Hogan Lovells

Cartel damages: Germany, the assignment model and debt collection services – an update

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Germany doesn’t offer claimants a true U.S. or UK style class action regime. Claimants will therefore seek alternative ways to join forces and bundle their claims using the so-called assignment-model as a favoured solution....more

K&L Gates LLP

Positive Effects of Compliance Programs Under the New Guidelines for Fines by the FCO

K&L Gates LLP on

In October, the German Federal Cartel Office (Bundeskartellamt, "FCO”) published new guidelines on its leniency program and on the setting of fines in cartel proceedings. The guidelines substantiate the changes in the law...more

Hogan Lovells

Kartellrechts-Radar Herbst 2021

Hogan Lovells on

Fokus Wettbewerbspolitik Es grünt so grün – Kommission stellt Überlegungen zu ESG-Kooperationen von Wettbewerbern vor Die Kommission hat kürzlich einen neuen „Competition Policy Brief“ veröffentlicht, begleitet von einer...more

Morgan Lewis

Major Amendments to German Act Against Restraints of Competition Take Effect

Morgan Lewis on

The 10th amendment to the German Act against Restraints of Competition (ARC) entered into force on January 19 (ARC Digitization Act); the act seeks to modernize German antitrust rules and address challenges associated with...more

Hogan Lovells

Carrots and sticks - German competition law changes for cartel investigations

Hogan Lovells on

On January 19, 2021, the amendment of the German Act against Restraints of Competition ("ARC") has entered into force. In addition to the significant adjustments to the ARC regarding advancing digitalization, changes in...more

White & Case LLP

New Competition Law in Germany - 10th amendment to German Act against Restraints of Competition passed

White & Case LLP on

Yesterday, the 10th amendment to the German Act against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen – "GWB") entered into force, and with it the most substantial overhaul of German competition law in a...more

Hogan Lovells

First mover advantage? Reform of abuse control in German competition law

Hogan Lovells on

On 14 January 2021, the German parliament passed the long-awaited 10th amendment to the Act against Restraints of Competition (ARC). This came after the governing parties, CDU/CSU and SPD, had submitted a final amendment "at...more

Hogan Lovells

Mindestens 15% - Landgericht Dortmund schätzt kartellbedingten Preisaufschlag

Hogan Lovells on

Das Landgericht Dortmund macht mit Urteil vom 30.09.2020 (8 O 115/14 (Kart)) von der Möglichkeit Gebrauch, die Schadenshöhe in Kartellschadensersatzfällen zu schätzen – ohne ein eigenes Gutachten einzuholen. ...more

Morgan Lewis

COVID-19: Temporary Amendments to German Competition Law Enter Into Force

Morgan Lewis on

Two key amendments to the German competition law entered into effect on May 29, 2020, temporarily extending merger control review periods and temporarily suspending interest payments for antitrust fines, further to a bill...more

Orrick, Herrington & Sutcliffe LLP

Antitrust Damages Claims in Germany

Kartelle sind schwerwiegende Eingriffe in unsere marktwirtschaftliche Ordnung, die jedes Jahr erhebliche volkswirtschaftliche Schäden verursachen. Wenn sich Wettbewerber untereinander absprechen, um Preise festzusetzen,...more

Morgan Lewis

Draft Amendments To German Competition Law Published

Morgan Lewis on

The German Ministry for Economic Affairs and Energy has published the draft bill on the 10th amendment to the German Act against Restraints of Competition, which includes a proposal for the revision of abuse control in...more

Hogan Lovells

Algorithms in the spotlight of antitrust authorities

Hogan Lovells on

Joint study by the Bundeskartellamt (German Cartel Office) and the Autorité de la concurrence (French Competition Authority) indicates need for higher compliance standards - Digital ubiquity, and the resulting rules, do not...more

McDermott Will & Schulte

Annual EU Competition Review 2018

CARTELS & RESTRICTIVE AGREEMENTS - CJEU’S EYE-OPENING RULING ON ANTITRUST COMPLIANCE AND OFF-LABEL MISINFORMATION – C 179/16, HOFFMAN-LA ROCHE AND OTHERS V AGCM, 23 JANUARY 2018 – On 23 January 2018, the CJEU...more

Orrick, Herrington & Sutcliffe LLP

Kartellschadensersatz Ein Leitfaden für geschädigte Unternehmen

Our free market economy is grounded in the principle that competition is the most effective and efficient way to protect customers and consumers. Cartels are a serious violation of this principle and can cause considerable...more

BCLP

Significant Changes in German Competition Law

BCLP on

On June 9, 2017, the 9th amendment of the German Act against Restraints of the Competition (GWB) came into effect. The most significant changes affect the liability for cartel fines, the application of merger control and the...more

Jones Day

Antitrust Alert: Germany Issues Antitrust Guidance on Multilateral and Unilateral Behavior

Jones Day on

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

Hogan Lovells

No limits..? The limitation rules for cartel (damages) claims after the 9th reform of the German Competition Act (ARC)

Hogan Lovells on

At first glance, not a stone seems to be left standing. The new sec. 33h ARC hardly bears any resemblance with the old sec. 33 para. 5 ARC, the to date only special limitation rule applicable to cartel damages claims in the...more

Hogan Lovells

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

Hogan Lovells on

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...

Hogan Lovells on

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

McDermott Will & Schulte

Reform of German Competition Law

A number of amendments to the German competition law (Amendment) entered into force on 9 June 2017. The key changes are: ..Merger control: Introduction of a new “size of transaction”-threshold...more

Jones Day

Latest Reform of German Competition Law Brings Clarity

Jones Day on

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

Morrison & Foerster LLP

Significant Competition Law Changes In Germany

On March 9, 2017 the German Federal Parliament passed the ninth amendment to the Act against Restraints of Competition (ARC) (Gesetz gegen Wettbewerbsbeschränkungen). The amendment is expected to come into force in Q2/2017...more

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