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Author: D'Kart

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Read!

If the D’Kart newsletter comes exceptionally on a pre-Christmas Sunday, it’s for a good reason. To wish you a pleasant Sunday, to remind you of looking at the entries in the 2019 Antitrust Advent Calendar and for the purpose of literary criticism: a very well-known colleague has published a novel (in German), and you rightly want to know what it is like on the day of publication. Rupprecht Podszun read it for you. And since you are not going to…

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2019 Antitrust Advent Calendar

2019 Antitrust Advent Calendar

Another exciting year for competition law! To review 2019, D’Kart asked personalities from the antitrust community to answer one question: “Looking back to the competition law year 2019 – what is most remarkable in your view?” This time, however, differing from our approach in 2018 and 2017, we decided to listen to the young generation of competition law folks: Men and women from our community who have already started their careers but who – probably – have not yet reached…

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The draft bill of the German competition act

The draft bill of the German competition act

Today, D’Kart documents the draft bill of the German competition act, the Gesetz gegen Wettbewerbsbeschränkungen (GWB). As a small service for our loyal readers, we have also compiled a consolidated version of particularly important rules in German and English. D’Kart publishes the version of the draft of 7 October 2019, 18:14 – both documents, the draft bill as well as the partial version with consolidation and translation are of course provided without any guarantee. The occasion: ECN+ The draft bill…

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In defence of tried and tested merger control

In defence of tried and tested merger control

The proposals to change European merger control, in particular with a view to paving the way for national and European champions, keep irritating the competition law community. This week, the Financial Times published an Open Letter signed by 92 practitioners from law firms and economic consultancies and academics. D’Kart documents this contribution to the debate – with thanks to Vanessa Turner who started the initiative. The recent Franco-German proposals to potentially soften and/or politicize competition enforcement in the EU continue…

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ABA Antitrust Spring Meeting 2019 – The take-away messages

ABA Antitrust Spring Meeting 2019 – The take-away messages

The Antitrust Spring Meeting of the American Bar Association (ABA) is often seen as the most important meeting of antitrust lawyers – even though it happens to take place in a jurisdiction that is not really at the forefront of enforcement at present. This time, the ABA meeting took place for the 67th time and it again drew a wow-crowd to Washington D.C. D’Kart asked nine distinguished participants for their “key take-away message” in one sentence. Well, since there was…

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Miba/Zollern: The next ministerial authorisation of a banned merger?

Miba/Zollern: The next ministerial authorisation of a banned merger?

A few days ago, German media surprised us with the fact that they had found something in a somewhat older edition of the Federal Gazette. An interesting discovery had been made: another application for ministerial approval had been submitted to the Ministry of Economics. This instrument of German antitrust law allows the Federal Minister of Economics to override a decision of the competition agency (Bundeskartellamt) on reasons of the common good. This is exciting for every antitrust lawyer, especially for…

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The “undertaking” is liable in antitrust tort law! – ECJ in Skanska

The “undertaking” is liable in antitrust tort law! – ECJ in Skanska

The European Court of Justice’s judgment in Skansa was anticipated with excitement. This damage claim case has the potential to change European competition law – since it deals with the question whether the definition of undertaking is the same for damage claims as for fining. Patrick Hauser and Jörn Kramer report on one of the top cases in 2019. Introduction The Skanska decision has been highly anticipated, as it has/had the potential to shape antitrust tort law to a considerable…

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Events in Competition Law 2019

Events in Competition Law 2019

There are not many things in life that are better than talking antitrust. And luckily, the world provides us with thousands of occasions to do so – competition law conferences, workshops and seminars are everywhere. In order for you not to miss anything, we present an Antitrust Calendar as of today with events in competition law that may be of interest to our readers. Click here, go there, listen closely, speak up – and do not forget to take off…

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The List of Ph.D.-Theses

The List of Ph.D.-Theses

Soon it will be Christmas again, and many people who are interested in antitrust law are looking forward to the days after the celebrations. Yet, some may wonder what they should really do once all those walks with the family are taken, the vegetarian Christmas turkey is eaten, the new gadget is broken again. How do you spend your day when no new case calls you back to your desk? This “PhD-Theses-List” is the answer! We compiled a list of…

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The Coty Case: First Comments by Haucap and Orth

The Coty Case: First Comments by Haucap and Orth

The CJEU just released its long awaited decision on the Coty case. As we did with the Google case earlier this year, we asked two antitrust experts to share their first impressions about the Coty decision with us: Justus Haucap, the DICE economist, and Mark Orth, the MEO lawyer, explain a case that defines online distribution.   Justus Haucap “A supplier of luxury goods can prohibit its authorised distributors from selling those goods on a third-party internet platform such as Amazon”. This…

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