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Author: Gast

AGENDA 2025: Distortions of competition from third countries: How can fair global competition be strengthened?

AGENDA 2025: Distortions of competition from third countries: How can fair global competition be strengthened?

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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. According to its competition policy agenda, the Federal Ministry for Economic Affairs and Climate Action wants to tackle distortions of competition from countries outside the European Union. Oliver Budzinski and Annika Stöhr shed some light on…

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Conglomerate foreclosure in the metaverse

Conglomerate foreclosure in the metaverse

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The concept of the metaverse has received a lot of attention over the last year. Some assume it will revolutionize the way we live, others believe that it merely constitutes the mainstreamization of video gaming. This uncertain outcome has not discouraged undertakings to invest substantially in the metaverse. These investments, accompanied by the increasing concentration in gaming markets, warrant a closer antitrust discussion of the metaverse. Whilst interoperable platforms and ecosystems tend to provide significant value to consumers, their layered markets are increasingly challenging for antitrust law…

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AGENDA 2025: New Abuse Control in the Food Sector

AGENDA 2025: New Abuse Control in the Food Sector

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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. The food industry is part of the BMWKs AGENDA 2025 in which it announces to bring more attention to abuse control proceedings to the sector. Katrin Gaßner comments on the ministries intention. I. In its competition…

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AGENDA 2025: Roadmap to Sustainability

AGENDA 2025: Roadmap to Sustainability

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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. The Competition Policy Agenda of the Federal Ministry for Economic Affairs and Climate Action (BMWK) describes sustainability as one of the key current challenges and wants to create a pro-active competition law framework. Elena Wiese sets…

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AGENDA 2025: The blunt sword

AGENDA 2025: The blunt sword

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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. 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?

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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. 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

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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. 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?

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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. 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.

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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. 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”

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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. 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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