PDF version: Click here Suggested Citation: Podszun, DKartJ 2023, 54 Such a mass of competition law developments on a single day is rare: Germany is getting the “New Competition Tool”, i.e. an amendment to its competition act, the ECJ has ruled in the matter of the Federal Cartel Office vs Facebook, and the companies that see themselves as digital gatekeepers in the sense of the Digital Markets Act have reported to the European Commission. Whew. On the Fourth of July…
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…
On 24 March 2021, the Cartel Senate of the Düsseldorf Higher Regional Court heard the case of Bundeskartellamt v. Facebook, case number VI Kart 2/19 [V]. The hearing ended spectacularly with the announcement of a referral to the European Court of Justice. Today, the specific questions to the ECJ were published. Rupprecht Podszun had a look at the referral and has also tried to find out what has happened since the hearing. At the end of the Düsseldorf hearing on…
The Düsseldorf Higher Regional Court on Wednesday added a new twist to the Bundeskartellamt vs. Facebook saga: The case is going to Luxembourg to the European Court of Justice. Meanwhile, as of today, 24 March 2021, it remains open whether the Bundeskartellamt will have Facebook’s implementation plan submitted to it in the meantime. Rupprecht Podszun was at the hearing in the Düsseldorf Higher Regional Court for D’Kart. As I stumbled out of the Higher Regional Court, out into the open,…
A few hours ago, the “GWB Digitisation Act”, reforming German competition law, passed the Bundestag. Thus, with a long lead time, the reform of German antitrust law has been set in motion, which may now become law very quickly. The focus of public interest is above all the strengthening of the Federal Cartel Office against big tech. Philipp Bongartz puts the latest developments into context. With the votes of the Grand Coalition of CDU, CSU and SPD as well as…
Das Facebook-Verfahren des Bundeskartellamts beschäftigt weiter die Gerichte – aktuell bereitet das OLG Düsseldorf die Verhandlung in der Hauptsache vor, der BGH prüft indes die Beschwerde des Bundeskartellamts gegen den Hängebeschluss des OLG im zweiten Eilverfahren. Johannes Kruse und Felix Beckmann blicken derweil auf eine verfahrensrechtliche Frage. Was kümmert uns der Weg? Der Zweck, mag er auch noch so wünschenswert erscheinen, heiligt nicht die Mittel. Ein „gerechtes“ Ergebnis, das nicht in einem (äußerlich erkennbar) gerechten Verfahren zustande kommt, kann kein…
This is the second high-profile lawsuit filed by U.S. antitrust authorities within a few months. After the Department of Justice (DoJ) filed a lawsuit against Google at the end of October, the second competition watchdog, the Federal Trade Commission (FTC), is now showing its teeth against Big Tech. On December 9, 2020, it filed a lawsuit against Facebook for violations of competition law. Johannes Persch gives a first overview of the 53-page complaint. As in the DoJ’s case against Google,…
There is something new in the Facebook case. Or maybe not quite. Rupprecht Podszun brings you up to date on the current state of affairs in this spectacular German abuse proceedings, which has been going on for some time now in the courts (and this blog). And you may rejoice: The story will remain with us! In my calendar, 25 November 2020 is marked in red. On this day it is like it sometimes was in the old days when…
The antitrust authorities regularly investigate whether GAFA companies misuse their massive market power. Recently, the DoJ’s proceedings against Google were reported here in our blog. Now one of these companies has turned the tables and fires back: Facebook has taken the European Commission to the General Court. Björn Herbers summarizes this extraordinary procedure. Facebook, excessive data collection, antitrust law… I know what you’re thinking and you’re right: data is the new oil, if there is anything that can tame the…
Once a year the Bundeskartellamt calls a meeting of professors and judges to discuss a current topic. This year’s topic was “sustainability and competition”. The day before, platform regulation had been discussed at the “European Data Summit” in Berlin. Rupprecht Podszun was present at both events – here is his double conference debriefing! Name of Event 1: Meeting of the Working Group on Competition Law (vulgo “Professors’ Conference”) Topic: “Open markets and sustainable business – public interest objectives as a…