What You Need to Know About the Unified Patent Court and Unitary Patent
Navigating the Once-Obscure German Nonresident Withholding Tax
German Supply Chain Due Diligence Act and Its Impact on Latin America
Compliance Perspectives: The German Corporate Sanctions Act
JONES DAY TALKS®: Private Antitrust Litigation in Germany
JONES DAY PRESENTS®: Trade Secret Enforcement in Germany
Nota Bene Episode 89: European Q3 Check In - Merger Clearance and Data Protection Court Rulings and Brexit Updates with Oliver Heinisch
Law Firm ILN-telligence Podcast | Episode 7: Joe Mittag, OMF Otto Mittag & Partner | Frankfurt, Germany
Jones Day Talks: Developments in Germany's Wind Power Regulations
Jones Day Talks: Navigating Foreign Direct Investment in Germany
Investor Considerations in Germany’s Renewable Energy Sector
E18: ICANN Loses First GDPR Court Ruling in Germany
As already outlined in last year’s overview, since the enactment of EU Directive 2014/104 (‘Damages Directive’), private enforcement of EU competition law in the EU has continued to develop at an impressive pace. Putting...more
AT A GLANCE - Employees in Germany are subject to statutory non-competition and non-solicitation obligations during an employment relationship. Similar statutory restrictions apply to directors and board members as long as...more
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
The oversight obligations of boards continue to expand. Recent enforcement actions and new laws in areas such as cybersecurity, artificial intelligence and supply chains create new challenges for boards, as we explain in this...more
In two recent decisions, German courts have held claims of “climate neutrality” for consumer products to be misleading since they relied on compensation of CO2 by forest conservation projects. This marks another step in the...more
1. Proposal for EU directive for right to repair no longer covering motor vehicles - The European Parliament’s Internal Market and Consumer Protection Committee has voted on a draft report on the proposed EU directive...more
A Reform to Strengthen Competition - After publication on 6 November 2023, the long awaited latest reform of German competition law has finally entered into force. Germany’s Vice Chancellor and Federal Minister for Economic...more
1. German parliament passes amendment of Competition Act - The German parliament has amended the German Competition Act (Gesetz gegen Wettbewerbsbeschränkungen). The changes are intended to speed up sector investigations...more
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
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
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
This newsletter is a summary of the antitrust developments we think are most interesting to your business. Ellen Braun, partner based in Germany, is our editor this month (learn more about Ellen in our Q&A feature at the end...more
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
The German government on 5 April 2023 adopted a draft bill on the 11th Amendment to the German Competition Act, which introduces, under certain circumstances, new far-reaching interventional powers for the German Federal...more
Nach monatelangen Querelen hat die Bundesregierung kurz vor Ostern den Regierungsentwurf für die 11. GWB-Novelle veröffentlicht. Der Entstehungsprozess war konfliktreich und durch abweichende Positionen innerhalb der...more
To help organisations stay on top of the main developments in European digital compliance, Morrison Foerster’s European Digital Regulatory Compliance team reports on some of the main topical digital regulatory and compliance...more
The German Federal Ministry of Economics and Climate Action (BMWK) has proposed a small, but almost revolutionary 11th amendment of the German Act Against Restraints of Competition. It is expected to come into effect in early...more
Our Hamburg-based German antitrust team has contributed a chapter on Germany to Lexology Get The Deal Through’s global report on Pharmaceutical Antitrust. In their contribution, they provide guidance on the regulatory...more
Nach der Novelle ist vor der Novelle. Erst im Januar 2021 wurde das deutsche Kartellrecht durch die 10. GWB-Novelle umfassend reformiert. Nun steht möglicherweise bereits die nächste Reform vor der Tür. Anlass sind die...more
ANTITRUST AND COMPETITION - The Commission and the German Competition Authority conducted surprise inspections in Germany for suspected abuse of a dominant position in the natural gas sector....more
Overview of the German public M&A market in 2021 - The overall boom in M&A in 2021 was confirmed in Germany's public M&A sector, with a total volume of EUR 67.3 billion. Despite being influenced mainly by several special...more
Das Bundeskartellamt nimmt derzeit verstärkt zu den kartellrechtlichen Grenzen bei Preissteigerungen Stellung. Bundeskartellamt zu der aktuellen Entwicklung der Kraftstoffpreise Auf Veranlassung von Wirtschaftsminister Habeck...more
Germany doesn’t offer claimants a true U.S. or UK style class action regime. Claimants will therefore seek alternative ways to join forces and bundle their claims using the so-called assignment-model as a favoured solution....more
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
Bereits letzte Woche hatten wir zur Fallpraxis des Bundeskartellamts („BKartA“) im Bereich des „grünen Kartellrechts“ berichtet. Diese Woche hat die Behörde gleich nachgelegt. Dabei gab es nun aber (erstmals) Gegenwind für...more