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Author: D'Kart

AGENDA 2025: Black Box Trilogue: More Transparency in the EU Legislative Procedure!

AGENDA 2025: Black Box Trilogue: More Transparency in the EU Legislative Procedure!

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This article is part of the D’Kart Spotlights: AGENDA 2025, in which experts from academia and practice comment on aspects of the Competition Policy Agenda presented by the Federal Ministry of Economic Affairs and Climate Action (BMWK). The contributions already published can be found here. DMA and DSA have been agreed upon. But what they look like in concrete terms we only know through leaks. Alexander Kirk takes a look at the decisive trilogue process, sees weaknesses but also strengths and…

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D-Kart Spotlights: AGENDA 2025

D-Kart Spotlights: AGENDA 2025

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The Federal Ministry of Economic Affairs and Climate Action (now: BMWK) has presented an ambitious competition policy agenda (you can find it here). It is a guideline for the competition policy of the legislative period, a preview of the next GWB amendment and of goals to be advocated at the European level. In the agenda, the BMWK emphasises that a modern competition policy can only be developed in a participatory process. That is why we at D’Kart would like to…

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Competition policy agenda of the BMWK until 2025

Competition policy agenda of the BMWK until 2025

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High-ranking visitor in Bonn: The new German Federal Minister for Economic Affairs and Climate Protection Robert Habeck made his “inaugural visit” to the Federal Cartel Office in Bonn today, Monday, February 21, 2022. Habeck is the first Green minister to hold this office. He was accompanied by State Secretary Sven Giegold and Head of Department Philipp Steinberg – Giegold, a high-profile thinker of the Green Party, moved to Berlin from the European Parliament, and had previously dealt with competition policy….

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Conference Debriefing (27): EU Competition Conference 2021

Conference Debriefing (27): EU Competition Conference 2021

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Following the bi-annual tradition the EU Competition Conference was held again this year – not in Brussels but instead all over Europe. Competition law practitioners submerged in the virtual world to discuss the latest developments in EU Competition Law – Patrick Hauser and Lisa Pawlak have the details.  Name of Event: EU Competition Conference Topic: Latest developments and upcoming challenges in key areas of EU competition law, especially the “new” Art. 22 EUMR referral regime in merger control, the reform of EU rules…

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Becoming the DMA: The Parliament’s Compromise (for now)

Becoming the DMA: The Parliament’s Compromise (for now)

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Writing about the DMA means jumping on a passing train (with a parachute). The draft Regulation is in constant flow: The Commission’s first serve was shelled with 1199 amendments proposed to Andreas Schwab, the Rapporteur for the European Parliament Committee on the Internal Market and Consumer Protection (IMCO) by his colleagues. Once Parliament agrees on a compromise text, the trilogue negotiations with the Commission and the Council will start. The IMCO’s compromise text of Oct. 3 (hereinafter Compromise Amendments) was…

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Zum 4. Mal: Kartellrechtler unter sich

Zum 4. Mal: Kartellrechtler unter sich

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Am 28. September 2021 fand die neueste Ausgabe des berühmt-berüchtigten Düsseldorfer Doktorandenseminars im Kartellrecht statt. Philipp Offergeld und Mykyta Shchupak berichten über die aus ihrer Sicht kurzweilige, gelungene Veranstaltung. Das Institut für Kartellrecht der HHU Düsseldorf (IKartR) lud am 28. September zum mittlerweile vierten Mal zum Doktorandenseminar im Kartellrecht und setzte damit eine Reihe fort, die mittlerweile wohl als Tradition bezeichnet werden kann. Aufgrund der unsicheren Planungslage wurde die Veranstaltung nicht im Haus der Universität in der Düsseldorfer Innenstadt abgehalten, sondern über Zoom. Das Team des…

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Jurisdictional issues in private antitrust enforcement – Advocate General Bobek sets a proper benchmark

Jurisdictional issues in private antitrust enforcement – Advocate General Bobek sets a proper benchmark

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Do national courts have the power to fully apply Article 101(1) TFEU and Article 53(1) EEA‑Agreement with regard to anticompetitive practices? This question was referred to the European Court of Justice by the Rechtbank Amsterdam (District Court Amsterdam) on 6 November 2019 (Case C ‑819/19). Advocate General Bobek gave his opinion on the matter in his Opinion of 6 May 2021. Anna-Jacqueline Limprecht reports. Price agreements for air freight services trigger the proceedings As a warning, it should be mentioned that a large number of…

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Good night, ‘most favoured nation’ clauses!

Good night, ‘most favoured nation’ clauses!

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Almost a year ago, the Düsseldorf Higher Regional Court (OLG) caused a stir with its booking.com decision. D’Kart had reported on it here. In its ruling of 18 May 2021, the German Federal Supreme Court (Bundesgerichtshof) ruled on the Bundeskartellamt’s appeal and once again overturned a decision by the Düsseldorf Higher Regional Court. Adrian Deuschle reports on the decision from Karlsruhe. Price parity clauses or most favoured nation (MFN) clauses are a hot topic in the digital economy: In 2012,…

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Advertisement: 4th Düsseldorf Doctoral Seminar on competition law

Advertisement: 4th Düsseldorf Doctoral Seminar on competition law

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The vaccination of the German population is picking up speed, our Federal Minister of Health proudly announces new records on daily vaccinations and yet there is no certainty when and how normality will return. The Institute for Competition Law at the Heinrich Heine University Düsseldorf has thus decided to host its fourth Doctoral Seminar on competition law online on 28 September 2021. Patrick Hauser with the necessary information: Due to the pandemic most mass events had to be cancelled in…

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Happy New GWB!

Happy New GWB!

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A few hours ago, the “GWB Digitisation Act”, reforming German competition law, passed the Bundestag. Thus, with a long lead time, the reform of German antitrust law has been set in motion, which may now become law very quickly. The focus of public interest is above all the strengthening of the Federal Cartel Office against big tech. Philipp Bongartz puts the latest developments into context. With the votes of the Grand Coalition of CDU, CSU and SPD as well as…

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