Ever since its introduction in 2021, Section 19a of the German Act against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen or “GWB”) has attracted attention, not only in Germany,…
The Digital Markets Act (DMA) introduced an innovative framework aimed at promoting contestability and fairness in digital markets. In addition to imposing a multitude of substantial obligations on…
Tension is mounting among TV broadcasters and streaming providers as the German Bundeskartellamt (Federal Cartel Office - FCO) approved the plans to award the media rights on February 26, 2024 and…
The following is a selection of some important developments in German competition law and policy in 2023. It covers the latest competition law reform, cases under special rules for digital…
Report on the hearing at the Higher Regional Court of Düsseldorf (OLG Düsseldorf)
on 21 February 2024
Introduction
"We don't really know what the LG Dortmund should have done wrong."…
With the (belated) transposition of the EU Representative Actions Directive (RAD) on 13 October 2023 by means of the RAD Implementing Act (Verbandsklagenrichtlinienumsetzungsgesetz – non-German…
“The estimated damage cannot be less than 5% of the purchase price paid for reasons of effectiveness under EU law.” This was recently stated by the German Federal Court of Justice about claims for…
On 7 November 2023, a new amendment law to the German Competition Act (“Gesetz gegen Wettbewerbsbeschränkungen”, GWB) came into force. Because it is the 11th major amendment, it is commonly referred…
On 5 October 2023, the German competition authority adopted its first tangible evidence of enforcement surrounding its new competition rules (Section 19a GWB) directed at undertakings with paramount…
Introduction
In the latest Judgement by the German Federal Court of Justice (FCJ) regarding Section 33g of the Act against Restraints of Competition (“ARC”) in BGH, Urt. v. 4.4.2023, KZR 20/21 –…
