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Silke Heinz (Heinz & Zagrosek Partner mbB, Germany)
Bundeskartellamt ends abuse probe after Amazon agrees to changing business terms for dealers
July 30, 2019

On July 17, 2019, the German Bundeskartellamt (Federal Cartel Office, “FCO”) terminated its dominance probe into Amazon’s business terms towards sellers on its marketplace after Amazon agreed to…

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Silke Heinz (Heinz & Zagrosek Partner mbB, Germany)
Booking.com’s „narrow“ MFN clauses now also permissible in Germany, Court of Appeals rules
June 05, 2019

On June 4, 2019, the Düsseldorf Court of Appeal quashed the decision of the Federal Cartel Office (“FCO”) prohibiting Booking.com to operate so-called narrow most favored nation (MFN) clauses (or…

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Silke Heinz (Heinz & Zagrosek Partner mbB, Germany)
Bundeskartellamt hits „don’t like“-button on Facebook
February 11, 2019

On February 7, 2019, Germany’s Federal Cartel Office (“FCO”) issued its long-awaited decision in the Facebook case, see press release and background paper in English here. It qualifies Facebook’s…

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Silke Heinz (Heinz & Zagrosek Partner mbB, Germany)
Germany publishes report on modernizing the law on abuse of market power in the digital economy
October 08, 2018

On September 4, 2018, the German Ministry for Economic Affairs has published a report by economic and legal experts analyzing some key issues of abuse of market power in the digital platform economy…

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Daniel von Brevern (McDermott Will & Emery)
The suspense has an end – Highest German court adopts decision with major impact for ongoing damage claims
June 12, 2018

In July 2005, Germany adopted a new law providing that the limitation period for damage claims is suspended during the investigation of a competition authority (“Suspension Provision”). Ever since,…

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Silke Heinz (Heinz & Zagrosek Partner mbB, Germany)
Draft guidelines on new transaction value merger thresholds in Germany and Austria
May 18, 2018

On May 14, 2018, the German and Austrian competition authorities have published joint draft guidelines on the new transaction value merger thresholds, including an English translation (see here).…

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Siobhan L.M. Kahmann, Kim-Simone Janutta (Covington & Burling LLP)
Update: EDEKA “Wedding rebates” – German Federal Supreme Court answers key questions on abuse of relative market power
March 29, 2018

Germany’s Federal Supreme Court (Bundesgerichtshof – BGH) has now published its full judgment in EDEKA – wedding rebates (case KVR 3/17) on allegedly anti-competitive requests for preferential…

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Silke Heinz (Heinz & Zagrosek Partner mbB, Germany)
Bundeskartellamt launches sector inquiry into online advertising
March 09, 2018

The Federal Cartel Office (“FCO”) announced on February 1, 2018, to launch a sector inquiry into online advertising (here). This in line with the FCO’s focus on competitive conditions in the digital…

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Mattijs Baneke, Ruben Elkerbout (Stek)
Towage services cartel: a new chapter in the collaboration between competition authorities?
February 06, 2018

Introduction On December 18 2017, the Authority for Consumers and Markets (the ACM) announced that it had halted its investigation into cartel agreements between Dutch and German towage companies in…

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Daniel von Brevern (McDermott Will & Emery)
Keep Them Running! ASICS Dealers in Germany May Continue Cooperating with Price Comparison Engines
February 01, 2018

The German Federal Cartel Office (‘FCO’) decided in 2015 that ASICS, the manufacturer of sports and running shoes, may not prevent its dealers from cooperating with price comparison engines. The…

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