Competition law germany

A. Companies with Paramount Cross-Market Significance

A novel regulatory approach targets a limited number of large "gatekeepers and intermediaries" in digital markets (new Section 19a GWB):

Are there any changes to unfair competition laws in Germany?

B. Refining The Classical Approach For Unilateral Abuse

The amendment also modifies the established criteria for assessing unilateral conduct:.
1) Clarification that the extent of a company’s access to data is a factor in the assessment of market power.
2) Introduction of "intermediation power" as a new form of market power for gatekeepers and digital intermediaries.
3) Significant changes with regard to t.

C. New Rules For Access to Data

The new law establishes a basic framework for granting access to competitor data under competition law:.
1) Clarification that refusal to grant access to data, platforms and interfaces may be an abuse of dominance under the "essential facilities" doctrine.
2) New access to data rules under the framework of the abuse of relative market power, in parti.

D. Acceleration of The Administrative Proceedings

The administrative proceedings are facilitated and accelerated to be able to address legal violations, in particular in dynamic digital markets, in a more expedited manner.
This includes the following provisions:.
1) Facilitation of ordering of interim measures.
2) Oral hearings are now possible.
3) Acceleration of inspection of files by allowing the .

E. Merger Control

The new law also introduces far-reaching changes to the prerequisites for the application of the merger control regime, which are inter aliaintended to lead to a reduction of notifiable cases:.
1) While the first limb of the turnover thresholds, i.e., that the parties’ combined worldwide revenues must exceed EUR 500 million, remains unchanged, the s.

F. Cartel Investigations

The scope of the FCO’s investigative powers are now aligned with the European ECN+ Directive, that aims at facilitating the international cooperation between the competition authorities of the EU Member States and harmonizing the respective different standards applied in the enforcement of competition law.
The new law introduces some additional rul.

G. Fining Proceedings

The new law codifies criteria for the calculation of fines (including rules regarding leniency procedures) that are already being applied based on the pertinent FCO notice.
However, the new provisions fall short of a mandatory fine calculation methodology so that FCO and appeal courts may still come up with significantly differing fine amounts.
Mor.

H. Cartel Damages

In reaction to the Federal Court of Justice’s rejection of prima facie evidence for individual commercial transactions being affected by a cartel (KZR 26/17 - Schienenkartell), the new law introduces a rebuttable presumption that all commercial transactions with a cartel member during a cartel’s active period are affected by the cartel.
The presump.

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What is iclg - competition litigation laws & regulations - Germany?

When did competition litigation start in Germany?