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European Union › Germany › Federal Cartel Office (the FCO)

The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of... more +
The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -
Dechert LLP

DAMITT 2023 Year in Review: Merger Control Trends in Germany and France

Dechert LLP on

Since 2020, our antitrust/competition practice has expanded the Dechert Antitrust Merger Investigation Timing Tracker (DAMITT) to include Germany and France. This supplements DAMITT’s U.S. and EU coverage with comprehensive...more

White & Case LLP

The new German competition enforcement act – a true paradigm shift?

White & Case LLP on

On July 6, 2023, the German Parliament passed the 11th amendment to the German Act Against Restrictions of Competition ("ARC"), substantially expanding the Federal Cartel Office's ("FCO") enforcement powers. The reform...more

A&O Shearman

11th Amendment of German Competition Act enters into force, introducing significant reforms

A&O Shearman on

The 11th amendment to the German Act Against Restraints of Competition (the Amendment) has been adopted on 6 July 2023 and will enter into effect following publication in the official journal, which is expected in the next...more

Morrison & Foerster LLP

Germany Adopts Competition Enforcement Act

Morrison & Foerster LLP on

On July 6, 2023, the German parliament adopted the “Competition Enforcement Act.” The new law still lacks final approval by the Bundesrat, which will not be granted before the end of September, but this is only a formality....more

Dechert LLP

DAMITT 2022 Year in Review: Merger control trends in Germany and France

Dechert LLP on

In France and Germany, the trend is towards a drastic fall in significant investigations, combined with an exceptional duration of these investigations. Meanwhile, in both jurisdictions the average outcome shows an increasing...more

Latham & Watkins LLP

German Draft Competition Law Amendment Includes Far Reaching Remedial Powers Absent Actual Infringements

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Under the draft law, the FCO could impose behavioural and structural remedies following a sector inquiry without finding an infringement of German or EU competition law. The German Federal Ministry for Economic Affairs...more

Dechert LLP

DAMITT 2021 Year in Review: Merger control trends in Germany and France

Dechert LLP on

For the second time, our antitrust/competition practice has expanded the Dechert Antitrust Merger Investigation Timing Tracker (DAMITT) to include Germany and France. This supplements DAMITT’s U.S. and EU coverage with...more

Hogan Lovells

Blatt für Blatt – Bundeskartellamt positioniert sich zum „grünen Kartellrecht“

Hogan Lovells on

In Europa wird spätestens seit der Ankündigung des European Green Deal bzw. des „Fit for 55“-Pakets das Thema Nachhaltigkeit und Umweltschutz auch im Kartellrecht ergebnisoffen diskutiert. Deutschland ist hier keine Ausnahme....more

Morrison & Foerster LLP

2021 to 2025: The Incoming German Government’s Agenda for Digital Regulatory Compliance

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On December 7, 2021, the incoming German government signed its coalition agreement for the 2021 to 2025 tenure. The agreement sets the policy agenda for the new government, consisting of Social Democrats, Greens, and...more

Morrison & Foerster LLP

2021 to 2025: The Incoming German Government’s Agenda for Competition Policy

Morrison & Foerster LLP on

Key Takeaways: As in many other jurisdictions, the incoming German government is seeking to expand competition law enforcement with new theories and a heightened focus on technology, digital markets, and consumer...more

K&L Gates LLP

Positive Effects of Compliance Programs Under the New Guidelines for Fines by the FCO

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In October, the German Federal Cartel Office (Bundeskartellamt, "FCO”) published new guidelines on its leniency program and on the setting of fines in cartel proceedings. The guidelines substantiate the changes in the law...more

Morgan Lewis

Major Amendments to German Act Against Restraints of Competition Take Effect

Morgan Lewis on

The 10th amendment to the German Act against Restraints of Competition (ARC) entered into force on January 19 (ARC Digitization Act); the act seeks to modernize German antitrust rules and address challenges associated with...more

McDermott Will & Emery

New German Antitrust Rules: A Positive Move for Compliance Programs

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What has changed? • On January 19, 2021, new German antitrust rules entered into force under the 10th amendment Act to the Act against Restraints of Competition (ARC) and introduced a number of significant changes. •...more

WilmerHale

German Antitrust Law Amendment Entered into Force: "Digitalization Act" Establishes New Antitrust Rules for the Digital Economy

WilmerHale on

The 10th amendment to the German Act against Restraints of Competition (ARC) - also called the “Digitalization Act” - became effective on January 19, 2021. In a previous alert, we discussed the key aspects of the...more

White & Case LLP

New Competition Law in Germany - 10th amendment to German Act against Restraints of Competition passed

White & Case LLP on

Yesterday, the 10th amendment to the German Act against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen – "GWB") entered into force, and with it the most substantial overhaul of German competition law in a...more

Hogan Lovells

First mover advantage? Reform of abuse control in German competition law

Hogan Lovells on

On 14 January 2021, the German parliament passed the long-awaited 10th amendment to the Act against Restraints of Competition (ARC). This came after the governing parties, CDU/CSU and SPD, had submitted a final amendment "at...more

Hogan Lovells

The treasure hunt is on... Data access claims after the reform of German competition law

Hogan Lovells on

"The world's most valuable resource is no longer oil, but data" (The Economist, 6.5.2017). This catchy (albeit not quite accurate) comparison is likely to take the leading position among modern digital markets truisms....more

Hogan Lovells

Reform of German merger control rules: Important changes for real estate transactions

Hogan Lovells on

On 14 January 2021, German Parliament passed a comprehensive reform of the German Act against Restraints of Competition ("ARC"). The most important amendments concern the regulation of digital business models. The reform is...more

McDermott Will & Emery

New German Merger Control Thresholds: A More Business-Friendly Approach?

McDermott Will & Emery on

What Happened: • On January 19, 2021, major changes to German antitrust/competition law, i.e. the 10th Amendment Act to the German Act Against Restraints of Competition (ARC) entered into force. • In addition to...more

WilmerHale

New Antitrust Rules for the Digital Economy: German “Digitalization Act” Nears the Finish Line

WilmerHale on

Europe’s first legislative proposal addressing the digital economy and related competition issues is one step closer to becoming a reality: In September 2020, the German government approved the highly anticipated 10th...more

Latham & Watkins LLP

The German Federal Cartel Office’s Comfort Letter on COVID-19 Related Restructurings

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Six key takeaways for COVID-19 Restructurings and Antitrust - The COVID-19 crisis has led, and will continue to lead, to enterprise-threatening financial difficulties for many firms in many industries. In a worst-case...more

Morgan Lewis

COVID-19: Temporary Amendments to German Competition Law Enter Into Force

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Two key amendments to the German competition law entered into effect on May 29, 2020, temporarily extending merger control review periods and temporarily suspending interest payments for antitrust fines, further to a bill...more

Morgan Lewis

Draft Amendments To German Competition Law Published

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The German Ministry for Economic Affairs and Energy has published the draft bill on the 10th amendment to the German Act against Restraints of Competition, which includes a proposal for the revision of abuse control in...more

White & Case LLP

Who'd have guessed: Coty did not end the debate!

White & Case LLP on

The e-commerce sector inquiry and inconsistent national case law and enforcement practice have illustrated the need for clarifications and/or reform regarding e-commerce restrictions. Even after the ECJ's Coty judgment, a...more

Orrick, Herrington & Sutcliffe LLP

Platform Bans: German Competition Authority Critical Despite Coty Judgment

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Since last year’s “Coty” judgment of the European Court of Justice (ECJ), it may have seemed settled that authorized dealers in a selective distribution network can be prohibited from selling products via third-party...more

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