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Author: D'Kart

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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In eigener Sache: Kersting/Podszun, Die 9. GWB-Novelle erschienen

In eigener Sache: Kersting/Podszun, Die 9. GWB-Novelle erschienen

Die 9. GWB-Novelle hat am Ende ganz schön auf sich warten lassen. Wir hatten schon die Befürchtung, dass wir das Novellengesetz noch auf der Zielgeraden überholen. Ganz gelungen ist uns das nicht, aber nun – einen guten Monat nach dem Inkrafttreten der Novelle – ist das von unseren Direktoren Christian Kersting und Rupprecht Podszun herausgegebene Handbuch zur 9. GWB-Novelle im Beck-Verlag erschienen. Während wir einige vermeintlich unscheinbare Änderungen der 9. GWB-Novelle bereits in einem frühen Beitrag zusammengestellt haben, können wir jetzt…

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The Google Case: First Comments by Haucap, Kersting, Podszun

The Google Case: First Comments by Haucap, Kersting, Podszun

After Fan Wu gave a first introduction to the Google decision here, we continue our blogging on the “mother of all antitrust battles” today with three first comments: An economist, Justus Haucap from DICE, and two lawyers, Christian Kersting and Rupprecht Podszun from the University of Düsseldorf, give us their first impressions on the Google case. Please bear in mind that none of them has yet read the decision – the Commission is currently blackening trade secrets of the companies…

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