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Werner Berg (Baker McKenzie)
Government Proposal Amends Local Nexus Requirement for New Transaction Value Threshold - Update
November 09, 2016

On 21 September 2016, the German Government has introduced a formal legislative proposal (Gesetzesvorschlag - "Government Proposal") for the reform of the Act against Restraint of Competition ("ARC…

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Silke Heinz (Heinz & Zagrosek Partner mbB, Germany)
No toying around – the FCO makes Lego change its discount system to better accommodate online sales
July 23, 2016

The German Federal Cartel Office (“FCO”) terminated antitrust proceedings against toy manufacturer Lego on July 18, 2016, following Lego’s agreement to change its current rebate system. Lego will…

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Werner Berg (Baker McKenzie)
Germany Proposes Transaction Value Threshold to Require Notification of High Value Deals Even with No/De Minimis Sales in Germany
July 22, 2016

With little fanfare, on Friday, 1 July 2016, among a raft of other amendments to the Act against Restraint of Competition (‘ARC’; 9th amendment), the Federal Ministry of Economics proposed a far…

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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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