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Tag: Fusionskontrolle

AGENDA 2025: More Sustainability in Merger Control?

AGENDA 2025: More Sustainability in Merger Control?

This article is part of the D’Kart Spotlights: AGENDA 2025, in which experts from academia and practice comment on aspects of the Competition Policy Agenda presented by the Federal Ministry of Economic Affairs and Climate Action (BMWK). The contributions already published can be found here. Merger control is often not dealt with at all or only as a marginal issue in the sustainability debate in antitrust law. In this article, Johanna Welsch takes a look at this part of the BMWK’s…

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AGENDA 2025: From Ministerial Authorisation to Parliamentary Authorisation?

AGENDA 2025: From Ministerial Authorisation to Parliamentary Authorisation?

This article is part of the D’Kart Spotlights: AGENDA 2025, in which experts from academia and practice comment on aspects of the Competition Policy Agenda presented by the Federal Ministry of Economic Affairs and Climate Action (BMWK). The contributions already published can be found here. Part of the competition policy agenda of the Ministry for Economic Affairs and Climate Action (BMWK) until 2025 is the participation of the Bundestag in the ministerial authorisation procedure. Maximilian Konrad took a closer look at…

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Conference Debriefing (26): WuW70

Conference Debriefing (26): WuW70

In 1951, seven years before the German competition act entered into force, WuW was founded, the oldest German competition law journal. The editors (of which our reporter is one) staged a conference in Berlin to mark the 70thanniversary – with awards, expected honoraries and unusual suspects. If you want to have an idea how these Germans think about antitrust, Rupprecht Podszun has a Conference Debriefing for you! Name of Event: “70 Years Wirtschaft und Wettbewerb – Join the Future of Competition” – it was…

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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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SSNIPpets (40): European Competition Days

SSNIPpets (40): European Competition Days

On some days the antitrust lawyer does not know where to look first, so much is happening. Rupprecht Podszun has no other choice. Without claiming to be complete, correct or chucklesome, he has noted down what he noticed recently in the wonderful world of competition. Here are his SSNIPpets – small but significant news, information and pleasantries – our pet project! Jubilee Line Is this a good day to send SSNIPpets? 60 years ago, OPEC, the infamous cartel of oil-exporting…

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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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Conference Debriefing (18): GWB10-Hearing

Conference Debriefing (18): GWB10-Hearing

German Ministries send their draft bills to hearings of stakeholders. Now it was the turn of the draft competition law reform that had to pass through this hellfire. Rupprecht Podszun went to Berlin to see how the Ministry fared with the representatives of industries, Google and the like… Name of the event: Hearing on the GWB Digitisation Act (#GWB10) (“Verbändeanhörung” in German) Place & Time: Federal Ministry of Economics and Energy, auditorium of the old Kaiser Wilhelm Academy, 18 February…

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SSNIPpets (31): Albrecht Leyenheart

SSNIPpets (31): Albrecht Leyenheart

For the first time, the European Commission has a female President. Even more exciting: her family roots. From an antitrust point of view, however, this is just one of far too many news this week. Summer break seems to be approaching, so much is going on again. Rupprecht Podszun has seen the news, here are his SSNIPpets – small but significant news, information and pleasantries – our pet project! Daddy Cool The European Commission has a new boss. Ursula von…

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Conference-Debriefing (10): Ministererlaubnisverfahren Miba/Zollern – Das BMWi hört an

Conference-Debriefing (10): Ministererlaubnisverfahren Miba/Zollern – Das BMWi hört an

Premierenfieber in Berlin: Zum ersten Mal seit Änderung von § 42 GWB wurde ein Hearing zur Ministererlaubnis veranstaltet. Der Fall ist brisant, denn zwei europäische Mittelständler wollen gegen den Widerstand des Kartellamts fusionieren, um so etwas wie ein “European Champion” zu werden. Ein Fall für Altmaier! Für D’Kart berichtet Niklas Andree von dem außergewöhnlichen Termin im Bundeswirtschaftsministerium. Art der Veranstaltung: Öffentliche mündliche Verhandlung im Ministererlaubnisverfahren Miba/Zollern (§ 56 Abs. 3 S. 3 GWB) Ort & Zeit: Bundesministerium für Wirtschaft und Energie, Berlin, 20. Mai 2019…

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Miba/Zollern: The next ministerial authorisation of a banned merger?

Miba/Zollern: The next ministerial authorisation of a banned merger?

A few days ago, German media surprised us with the fact that they had found something in a somewhat older edition of the Federal Gazette. An interesting discovery had been made: another application for ministerial approval had been submitted to the Ministry of Economics. This instrument of German antitrust law allows the Federal Minister of Economics to override a decision of the competition agency (Bundeskartellamt) on reasons of the common good. This is exciting for every antitrust lawyer, especially for…

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