Like the European Commission in a series of other projects, the German Federal Cartel Office (FCO) assessed and signed-off on ESG-related collaboration between competitors....more
As counsel to global companies, we often guide clients through not just U.S. antitrust issues, but also through a global antitrust landscape. Whether it is a merger or a business practice, it is crucial to understand how all...more
On July 6, 2023, the German Parliament passed the 11th amendment to the German Act Against Restrictions of Competition ("ARC"), substantially expanding the Federal Cartel Office's ("FCO") enforcement powers. The reform...more
The 11th amendment to the German Act Against Restraints of Competition (the Amendment) has been adopted on 6 July 2023 and will enter into effect following publication in the official journal, which is expected in the next...more
On July 6, 2023, the German parliament adopted the “Competition Enforcement Act.” The new law still lacks final approval by the Bundesrat, which will not be granted before the end of September, but this is only a formality....more
Under the draft law, the FCO could impose behavioural and structural remedies following a sector inquiry without finding an infringement of German or EU competition law. The German Federal Ministry for Economic Affairs...more
In Europa wird spätestens seit der Ankündigung des European Green Deal bzw. des „Fit for 55“-Pakets das Thema Nachhaltigkeit und Umweltschutz auch im Kartellrecht ergebnisoffen diskutiert. Deutschland ist hier keine Ausnahme....more
On December 7, 2021, the incoming German government signed its coalition agreement for the 2021 to 2025 tenure. The agreement sets the policy agenda for the new government, consisting of Social Democrats, Greens, and...more
Key Takeaways: As in many other jurisdictions, the incoming German government is seeking to expand competition law enforcement with new theories and a heightened focus on technology, digital markets, and consumer...more
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
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
What has changed? • On January 19, 2021, new German antitrust rules entered into force under the 10th amendment Act to the Act against Restraints of Competition (ARC) and introduced a number of significant changes. •...more
The 10th amendment to the German Act against Restraints of Competition (ARC) - also called the “Digitalization Act” - became effective on January 19, 2021. In a previous alert, we discussed the key aspects of the...more
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
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
"The world's most valuable resource is no longer oil, but data" (The Economist, 6.5.2017). This catchy (albeit not quite accurate) comparison is likely to take the leading position among modern digital markets truisms....more
On 14 January 2021, German Parliament passed a comprehensive reform of the German Act against Restraints of Competition ("ARC"). The most important amendments concern the regulation of digital business models. The reform is...more
What Happened: • On January 19, 2021, major changes to German antitrust/competition law, i.e. the 10th Amendment Act to the German Act Against Restraints of Competition (ARC) entered into force. • In addition to...more
Europe’s first legislative proposal addressing the digital economy and related competition issues is one step closer to becoming a reality: In September 2020, the German government approved the highly anticipated 10th...more
Six key takeaways for COVID-19 Restructurings and Antitrust - The COVID-19 crisis has led, and will continue to lead, to enterprise-threatening financial difficulties for many firms in many industries. In a worst-case...more
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
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
The e-commerce sector inquiry and inconsistent national case law and enforcement practice have illustrated the need for clarifications and/or reform regarding e-commerce restrictions. Even after the ECJ's Coty judgment, a...more
Since last year’s “Coty” judgment of the European Court of Justice (ECJ), it may have seemed settled that authorized dealers in a selective distribution network can be prohibited from selling products via third-party...more
European Court of Justice questions validity of commitments procedure under EU competition law - On 23 November 2017, the Court of Justice of the European Union (CJEU) surprised many competition law commentators, when it...more