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Category: Allgemein

The DMA after the Schwab-Report

The DMA after the Schwab-Report

After the European Commission published a proposal for a “Digital Markets Act” (DMA) at the end of last year, the rapporteur of the European Parliament’s Committee on Internal Market and Consumer Protection, Dr. Andreas Schwab, has now dealt with the matter – in accordance with the legislative procedure. Philipp Offergeld reports on the essential changes proposed by “Mr. Competition”, which are quite something. This week we received the Draft Report from the European Parliament by Andreas Schwab, who as a…

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Good night, ‘most favoured nation’ clauses!

Good night, ‘most favoured nation’ clauses!

Almost a year ago, the Düsseldorf Higher Regional Court (OLG) caused a stir with its booking.com decision. D’Kart had reported on it here. In its ruling of 18 May 2021, the German Federal Supreme Court (Bundesgerichtshof) ruled on the Bundeskartellamt’s appeal and once again overturned a decision by the Düsseldorf Higher Regional Court. Adrian Deuschle reports on the decision from Karlsruhe. Price parity clauses or most favoured nation (MFN) clauses are a hot topic in the digital economy: In 2012,…

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Advertisement: 4th Düsseldorf Doctoral Seminar on competition law

Advertisement: 4th Düsseldorf Doctoral Seminar on competition law

The vaccination of the German population is picking up speed, our Federal Minister of Health proudly announces new records on daily vaccinations and yet there is no certainty when and how normality will return. The Institute for Competition Law at the Heinrich Heine University Düsseldorf has thus decided to host its fourth Doctoral Seminar on competition law online on 28 September 2021. Patrick Hauser with the necessary information: Due to the pandemic most mass events had to be cancelled in…

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Market power = relative (also in Switzerland)

Market power = relative (also in Switzerland)

Switzerland has – after a long struggle – adopted a new regulation that now also covers relative market power in competition law. It is to come into force in 2022. Patrick Krauskopf and Dominic Schopf explain the new rule and its background. Bern, a City of Relativity  Bern, Kramgasse 49 in 1905: Albert Einstein is about to make a fundamental contribution to basic research in physics. He recognises that space and time are relative to each other and do not represent…

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The Austrian Competition Law Amendment 2021: A Preview

The Austrian Competition Law Amendment 2021: A Preview

A mere few weeks ago, Austrians still asked Rupprecht Podszun for his view on the German competition law amendment of 2021 to give them a taste of things to come in Austria. Now, Austrians can contribute their own draft for a competition law amendment 2021. Viktoria H.S.E. Robertson discusses the highlights of the proposed amendment, including ECN+, digitalisation, sustainability and merger control. KaWeRÄG 2021  On 23 April 2021 – an unsuspecting Friday afternoon which led to a busy weekend – the long-awaited Cartel and Competition Law…

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Children liable for their parents! Up- and down-stream liability within the economic unit

Children liable for their parents! Up- and down-stream liability within the economic unit

There is news about group liability in competition law. After Skanska, the next case to catch the ECJ’s attention is Sumal. Advocate General Giovanni Pitruzzella has just given his opinion. Christian Kersting and Jannik Otto report. Background The ECJ clarified in Skanska (Case C-724/17) that it is the undertaking itself, i.e. the economic unit, that infringes competition law. This led the Court to the conclusion that there is also successor liability, meaning that the legal successor of the infringer is…

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SSNIPpets (44): One out of two

SSNIPpets (44): One out of two

How fortunate that winter has returned once again, restaurants in Düsseldorf are still closed and the vaccinations are taking their time. This way Rupprecht Podszun can first sift through all the antitrust snippets that have piled up on his desk. Today it’s all about China, drug prices and birthday parties. Here are his SSNIPpets – small, but significant news, information and pleasantries – our pet project! Choose one of the two In China, there is not exactly competition for leadership…

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One Ring to Rule them All?

One Ring to Rule them All?

Georg Schmittmann on the Commission’s guidance on the application of the referral mechanism set out in Art. 22 of the European Merger Control Regulation In the epic fantasy novel „Lord of the Rings“, the evil Lord Sauron secretly forged the “One Ring”. His intentions were pretty clear. He wanted an all-powerful magic ring. “One Ring to Rule them all, One Ring to find them”, J. R. R. Tolkien wrote. Not to compare the European Commission with the evil Lord Sauron,…

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