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Author: Gast

AGENDA 2025: The blunt sword

AGENDA 2025: The blunt sword

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. Information and disclosure claims were one pillar of the 9th amendment of the Act against Restraints of Competition (GWB). Gerhard Klumpe sheds some light on how effective those have been and where the legislator should consider…

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AGENDA 2025: From Ministerial Authorisation to Parliamentary Authorisation?

AGENDA 2025: From Ministerial Authorisation to Parliamentary Authorisation?

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. Part of the competition policy agenda of the Ministry for Economic Affairs and Climate Action (BMWK) until 2025 is the participation of the Bundestag in the ministerial authorisation procedure. Maximilian Konrad took a closer look at…

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AGENDA 2025: Abuse-independent unbundling in the Competition Policy Agenda of the BMWK

AGENDA 2025: Abuse-independent unbundling in the Competition Policy Agenda of the BMWK

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. Abuse-independent unbundling is not only a concern of the BMWK. Daniel Zimmer has thought about possible cases and implementations. In the “Competition Policy Agenda” of the German Ministry for Economic Affairs and Climate Action (BMWK) presented…

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AGENDA 2025: Germany and competition in the digital markets – pioneering role or offside position?

AGENDA 2025: Germany and competition in the digital markets – pioneering role or offside position?

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. The German Federal Cartel Office has made a name for itself enforcing antitrust law in the digital economy. Christian Karbaum wonders whether it can fulfill this role under the DMA as well. The Bundeskartellamt [Federal Cartel Office] and…

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AGENDA 2025: Hello, mandated unbundling, my old friend.

AGENDA 2025: Hello, mandated unbundling, my old friend.

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. In item 9 of the agenda, the BMWK announces that it will advocate in the long term for an abuse-independent unbundling option at the European level as a last resort in entrenched markets. Juliane Mendelsohn addresses this…

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AGENDA 2025: Ministerial Authorisation Procedure: An “important element” in the “centre of economic policy”

AGENDA 2025: Ministerial Authorisation Procedure: An “important element” in the “centre of economic policy”

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. The Ministerial Authorisation Procedure is always the subject of controversy and reform. The BMWK also wants to address this issue. Hans Jürgen Meyer-Lindemann sees some pitfalls in the process. The Competition Policy Agenda Until 2025 (“Competition Policy…

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Sustainability under Article 101 (3) TFEU

Sustainability under Article 101 (3) TFEU

Does DG COMP increasingly communicate like a Central Bank? A newsletter here, a subtle hint or comment at a Q&A session there? If high hopes of more ESG (Environment – Social – Governance) elements in the analysis under Article 101 (3) were an exchange traded item, Thursday last week could have been a day with increased selling activity. Thomas Lübbig discusses the last developments. Sustainability – More than a Weasel Word? Executive Vice President Margrethe Vestager delivered her keynote address at…

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Würzburg Winter School 2021 – Debriefing

Würzburg Winter School 2021 – Debriefing

Mit internationalem Flair gab es „digitales Kartellrecht“ pur als Hauptgang und Würzburger Wein als Nachspeise – Doktorand Florian Heimann erlebte bei der Würzburger Winter School 2021 ein besonderes Doktorandenseminar. „Do not read it all“. Ein Aufruf weniger zu lesen? Wann bekommt man als Nachwuchswissenschaftler schon einmal solch einen Tipp von einem Hochschullehrer? Dies war nur einer von vielen bemerkenswerten Aspekten eines außergewöhnlichen Doktorandenseminars an der Universität Würzburg. Dort empfingen Florian Bien und Toker Doganoglu ihre Kollegen David Bosco, Eckart Bueren, Frédéric Marty und…

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New merger control thresholds for Austria

New merger control thresholds for Austria

Austria, that lovely neighbouring country to Germany, is known for its Kaiserschmarrn, music, the Alps – and interesting merger thresholds. There is a reform, however, that will come as a relief to many. Johannes Barbist brings us up to date – including interesting news on the applicability of the new merger control thresholds.   Austria is lagging behind. We still concentrated on the market dominance test (also in merger control cases), did not specifically address the growing importance of digital…

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