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Christopher Rother , Alex Petrasincu  (Hausfeld)
Draft German law implementing EU Damages Directive
July 11, 2016

On Friday, 1 July 2016, the German Federal Ministry of Economic Affairs finally published its draft law implementing the European Union directive governing actions for damages for infringements of…

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Silke Heinz  (Heinz & Zagrosek Partner mbB, Germany)
The FCO prohibits booking.com's “narrow” best-price clause
January 20, 2016

The FCO has ended the year 2015 with quite a bang when it prohibited internet hotel portal booking.com to continue to use its “narrow” best-price clauses on December 23, 2015. The decision includes…

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Silke Heinz  (Heinz & Zagrosek Partner mbB, Germany)
German court quashes FCO abuse decision against Edeka
December 18, 2015

On November 18, 2015, the Düsseldorf Court of Appeal quashed the decision of the Federal Cartel Office (“FCO”) that supermarket chain Edeka had abused its market power vis-à-vis suppliers by…

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Silke Heinz  (Heinz & Zagrosek Partner mbB, Germany)
The FCO publishes discussion paper on internet platform markets - part one
October 16, 2015

On October 1, 2015, the FCO published a paper entitled “Digital economy – internet platforms between competition law, privacy and consumer protection” on the occasion of a conference of the working…

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Silke Heinz  (Heinz & Zagrosek Partner mbB, Germany)
The FCO publishes note on settlements in antitrust proceedings in Germany
January 17, 2014

On December 23, 2103, the Federal Cartel Office (“FCO”) published an explanatory note on settlement proceedings in antitrust cases on its website. Since 2007, the FCO has increasingly terminated…

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Silke Heinz  (Heinz & Zagrosek Partner mbB, Germany)
The FCO's new fining guidelines - not much guidance after all
December 12, 2013

The FCO published new fining guidelines on June 25, 2013, which have been applied for several months now. However, the guidelines as well as the recent practice do not provide a lot of guidance. The…

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Silke Heinz  (Heinz & Zagrosek Partner mbB, Germany)
No access to file to leniency applications for third parties in Germany - national follow-on judgment in Pfleiderer
March 02, 2012

On January 18, 2012, the district court of Bonn ruled on the scope of access to file for third parties in a cartel case under German law. The court rejected the claim insofar as it concerned access…

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Silke Heinz  (Heinz & Zagrosek Partner mbB, Germany)
German FCO allows installment payment of cartel fine in mills cartel case
November 04, 2011

On October 25, 2011, the Federal Cartel Office (“FCO”) fined mills company VK Mühlen AG in the amount of € 23.8 million for price fixing and customer and market allocation with competitors regarding…

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Silke Heinz  (Heinz & Zagrosek Partner mbB, Germany)
The FCO continuously fines merger implementation without prior approval
May 17, 2011

On May 10, 2011, the FCO fined Interseroh in the amount of €206,000 for having implemented a concentration without merger approval. The decision is the second instance this year in which the FCO…

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Silke Heinz  (Heinz & Zagrosek Partner mbB, Germany)
Court raises question on the test for considering future potential competition under German merger control rules
April 07, 2011

The case concerns the question under which conditions the possible future creation of potential competition can be considered to strengthen a dominant position under German merger control rules (see…

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