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Category: Allgemein

A lot to digest, and more to come!

A lot to digest, and more to come!

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On 6 February 2023 the European Commission released a draft notification form as part of the draft Implementation Regulation to the FSR (EU Regulation 2022/2560 of 14 December 2022 on foreign subsidies distorting the internal market). This reminded Merit Olthoff and Thomas Lübbig of lines from a famous German poem: “Spirits that I’ve cited – my commands ignore.” – These lines from a famous poem will certainly be well known to German-speaking readers of this blog. And the fortunate translation provided by Edwin Zeydel…

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Dirty laundry in the working group – cleaning instructions from the Federal Court of Justice to the Frankfurt Higher Regional Court

Dirty laundry in the working group – cleaning instructions from the Federal Court of Justice to the Frankfurt Higher Regional Court

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Shortly before Christmas, the Federal Court of Justice (FCJ) passed judgement on the follow-on lawsuit regarding the so-called “drugstore products cartel”. It had been eagerly awaited not only by the antitrust world but also by the creditors of the insolvent drugstore chain Anton Schlecker e.K. In the ruling, the FCJ expressly clarifies that in the event of an anti-competitive information exchange on price behavior, there is a factual presumption that such information exchange caused damage. Meanwhile, the grounds of the…

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The Antitrust Advent Calendar 2022

The Antitrust Advent Calendar 2022

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Friends & folks around the globe, it is this time of the year again! In the past years, it became a tradition of this blog to use the run-up to Christmas Eve for – what we call – “Adventskalender”. Every day in December up to the 24th, we have a new treat for you in this blog, a little special gift for you, our beloved readers. It is the #AntitrustAdventCalendar! This year, we take you to a photo tour of…

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“Cartel damages proceedings run too long in Germany!”

“Cartel damages proceedings run too long in Germany!”

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Those who follow cartel damages proceedings in German courts are sometimes stunned: Do these proceedings really have to take so long? Does every detail really have to be questioned in such a way? Prof. Dr. Johannes Heyers says: Things are being artificially complicated here – with first instance courts and the legal profession taking a fair share of blame. A wake-up call. The plea that antitrust damages proceedings “run too long in Germany” (as Tilman Makatsch rightly put it in…

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From the Institute

From the Institute

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Half of the 2022 has already passed. So Christmas is practically just around the corner. Well, maybe not just, but before everyone leaves for their summer holidays, let’s take a brief look back & ahead. In Germany, lecture periods in Summer term are now ending, hopefully, Corona is, too, and for September we have exciting events in stock at our Institute! Düsseldorf open seminar for doctoral candidates in competition law On 5 and 6 September 2022, doctoral students of all…

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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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Antitrust Pendulum Swinging Back

Antitrust Pendulum Swinging Back

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The German Federal Cartel Office has once again invited the best of the best from the competition community to Berlin for the International Cartel Conference (IKK). Sven Giegold, Secretary of State in the German Federal Ministry for Economic Affairs and Climate Protection (BMWK), gave an ambitious speech about his plans for Germany’s and Europe’s future in the field of competition policy. D-Kart has kindly been provided with the full text from his speech, we document it here – not least…

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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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Sustainability under Article 101 (3) TFEU

Sustainability under Article 101 (3) TFEU

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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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