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Category: Allgemein

GWB10: Geplante Änderungen im Kartellbußgeldrecht

GWB10: Geplante Änderungen im Kartellbußgeldrecht

Der Referentenentwurf zur 10. GWB-Novelle sieht neben einer Modernisierung der Missbrauchsaufsicht, einer partiellen Überarbeitung der Vorschriften zur Fusionskontrolle und einigen Nachschärfungen im Kartellschadensersatzrecht auch erhebliche Änderungen im Kartellbußgeldrecht vor. Rechtsanwalt Dr. Maximilian Janssen stellt einige der wichtigsten geplanten Neuerungen in diesem Bereich vor. Die Ausführungen beziehen sich auf die Entwurfsfassung des Referentenentwurfs vom 07.10.2019, 18:14 Uhr (verfügbar zum Download hier). Neustrukturierung der §§ 81 ff. GWB Im Zuge der Umsetzung der Richtlinie (EU) 2019/1 sieht der Referentenentwurf (RefE) eine grundlegende Neustrukturierung…

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Quo vadis Vertical BER? – The Bundeskartellamt’s Background Paper

Quo vadis Vertical BER? – The Bundeskartellamt’s Background Paper

The Bundeskartellamt just held its annual meeting with professors and judges, this time discussing the Vertical Block Exemption Regulation. In preparation, the German authority issued a background paper. Florian Wagner-von Papp read the paper. Here is his report! A note from the editor: On Monday, we posted a synopsis and translation of some important rules in the draft bill (GWB-Referentenentwurf) in our blog. There were a few mistakes in that document that we have now corrected. Apologies. We kindly ask…

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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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Sylvie Goulard: A Commissioner to Watch

Sylvie Goulard: A Commissioner to Watch

The competition community has seen with some joy the reappointment of Margrethe Vestager to the competition portfolio in the new EU Commission. While Vestager also secured the post as Executive Vice President for digital issues, there is another stronghold for economic policy in the Commission: Sylvie Goulard, nominated as Commissioner for Internal Market. We spoke with David Bosco, competition law professor at the University of Aix-Marseille, to learn more about a woman who is rumoured to become the most influential…

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Vestager!

Vestager!

Breaking News: Margrethe Vestager remains in charge of competition in the new European Commission. While overseeing the digital agenda of the Commission as a Vice President, she will also head DG COMP as the Commissioner. Enforcing competition rules, dealing with state aid and coordinating the digital promises of Ursula von der Leyen’s college of Commissioners seems a lot for one person – but, hey, she took on Google, Apple and the like without fear. Mme. Vestager will probably become the…

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Competition 4.0

Competition 4.0

In Berlin, the German Commission for a Digital Competition Law (“Kommission Wettbewerbsrecht 4.0”) handed over its proposals for the reform of the EU competition framework to German Economics Minister Peter Altmaier. The task of the expert group was to recommend changes of EU law. Lucas Gasser was at the press conference for D’Kart and gives a first overview of the German contribution to the Eurovision Competition Contest. Almost a year has passed since Germany’s Minister Peter Altmaier appointed an expert…

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Facebook vs. Bundeskartellamt

Facebook vs. Bundeskartellamt

The Düsseldorf Higher Regional Court has decided the Facebook case in interim proceedings. This did not turn out well for the Bundeskartellamt, and high-flying hopes that digital markets can be regulated with courageous antitrust decisions have thus been dampened. Here are some thoughts by Rupprecht Podszun. Bitter. That was the word that first came to my mind when I learned about the decision of the Oberlandesgericht (OLG) Düsseldorf regarding Facebook. Bitter for the people at the Bundeskartellamt, the Federal Cartel…

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Ministerial approval Miba/Zollern: A green industrial policy for medium-sized companies

Ministerial approval Miba/Zollern: A green industrial policy for medium-sized companies

Alea iacta est. Peter Altmaier has decided. Miba and Zollern may merge by ministerial approval. But: only under certain conditions. Maximilian Konrad took a closer look at the decision of the German Federal Minister of Economics published on 19 August 2019. A ministerial approval for medium-sized companies – what was going on again? Looking back you certainly remember (D’Kart reported here and here): The Austrian Miba AG and the Baden-Württemberg-based Zollern GmbH & Co. KG want to merge their business…

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The Düsseldorf Court: Booking needs ‘most favoured nation’ clauses

The Düsseldorf Court: Booking needs ‘most favoured nation’ clauses

‘Most favoured nation’ clauses have been an antitrust battlefield for years with disputes in many European countries. Now the Düsseldorf Higher Regional Court has decided in favour of a hotel booking platform in its Booking.com-decision. The case concerns narrow ‘most favoured nation’ clauses in agreements between hotel booking platforms and hotels. Adrian Deuschle reports. Narrow and wide MFN-clauses Booking.com brokers hotel rooms to consumers. If a consumer does the booking with Booking, the platform earns a commission of 10-15 %…

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The Competition-Competition: The German Parties’ Competition Policy Proposals to the 2019 European Parliament election

The Competition-Competition: The German Parties’ Competition Policy Proposals to the 2019 European Parliament election

In the 2019 European Parliament election, friends of antitrust law are looking forward to one question in particular: Are we seeing Margrethe Vestager again as the next President of the European Commission? That, however, is so speculative that we are entering more secure territory: Election promises. Maximilian Konrad has reviewed the party programmes for those for whom voting advice apps have too few questions on competition policy. Brexit, refugee crisis, right-wing populism, euro crisis – there is no shortage of…

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