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Category: Allgemein

Ultra vires?

Ultra vires?

Peter Meier-Beck on the judgment of the German Constitutional Court In a sensational judgement last week, the German Federal Constitutional Court (Bundesverfassungsgericht) denied the primacy of European law in a case involving decisions of the European Central Bank. The decision caused “horror” with Prof. Dr. Peter Meier-Beck, a presiding judge at the German Federal Court of Justice (Bundesgerichtshof). In this article he speaks as a high-ranking judge and makes it clear that he does not share the opinion of the…

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Antitrust law in times of crisis = crisis of antitrust law?

Antitrust law in times of crisis = crisis of antitrust law?

The virus challenges everything – competition law is no exception to that rule. Marcel Nuys and Florian Huerkamp give a first account of the situation in antitrust law in our blog. And while nothing is safe these days, one thing is: This is not the last time we have to deal with competition law in times of the Covid-crisis. The famous and influential German Supreme Court Justice Ernst-Wolfgang Böckenförde spent a good amount of his academic work on the question…

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How the European Union can compete globally

How the European Union can compete globally

By Dr Andreas Schwab, MEP European champions and a relaxation of competition law are again being discussed in Brussels. Manfred Weber and Esther de Lange from the EPP group in the European Parliament have sent a letter to Commissioners Margrethe Vestager and Thierry Breton, published by Politico here. D’Kart asked Dr Andreas Schwab for a statement – he is a colleague from the same group as the authors of the letter and a competition lawyer who is well versed in…

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Draft bill: The translation

Draft bill: The translation

The German competition law reform sparks a lot of interest on the international stage. We have a new translation into English of the draft bill! It does not only contain new provisions on abusive practices (including an interesting rule for companies with paramount significance for competition across markets). It also proposes notification thresholds for merger control – relevant for everyone who wishes to get a deal through. Today, D’Kart is able to provide a brand new, fresh translation of key…

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GWB10: the situation (1)

GWB10: the situation (1)

The arena was opened on 24.1.2020: On this day, the Federal Ministry of Economics and Technology presented the draft bill for the “GWB Digitization Act” (the 10th amendment of the German competition act). Now, supporters and opponents of an update of the antitrust rules can work on concrete proposals. Rupprecht Podszun looks at the situation after week 1 and focuses on the digital issues of the amendment. Freedom or socialism? Really nice SSNIPpets had been ready for “print” last Friday….

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It’s official: The draft bill GWB10

It’s official: The draft bill GWB10

Today, the German Federal Ministry of Economics officially published the draft bill on the new competition law. For months we have been waiting for the Big Bang, the 10th amendment of the GWB (#GWB10). But we had to wait: first, Peter Altmaier’s Ministry worked for a long time to shape the rules for GAFAs, then the Federal Ministry of Justice blocked its publication since it disagreed on aspects of the implementation of the ECN plus directive. In the meantime, we…

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Read!

Read!

If the D’Kart newsletter comes exceptionally on a pre-Christmas Sunday, it’s for a good reason. To wish you a pleasant Sunday, to remind you of looking at the entries in the 2019 Antitrust Advent Calendar and for the purpose of literary criticism: a very well-known colleague has published a novel (in German), and you rightly want to know what it is like on the day of publication. Rupprecht Podszun read it for you. And since you are not going to…

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2019 Antitrust Advent Calendar

2019 Antitrust Advent Calendar

Another exciting year for competition law! To review 2019, D’Kart asked personalities from the antitrust community to answer one question: “Looking back to the competition law year 2019 – what is most remarkable in your view?” This time, however, differing from our approach in 2018 and 2017, we decided to listen to the young generation of competition law folks: Men and women from our community who have already started their careers but who – probably – have not yet reached…

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And Again: Liability for Cartel Damages

And Again: Liability for Cartel Damages

Spain has recently provided the international media with more than just one news story worthy of making frontpage headlines. From a competition law perspective, the next big thing could just have been launched from Barcelona. The Audiencia Provincial de Barcelona, has decided to present the European Court of Justice with some interesting questions as it requests a preliminary ruling on matters of liability for cartel damages. Here is a report by Hans-Markus Wagener. Referring court and the background of the…

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