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Focus on Regulation

Tag Archives: essential facilities

Big Data and digital markets remain in the focus of competition authorities – German FCO continues to lead the way

 On 6 October, the German Federal Cartel Office (“FCO”) launched its new series of papers on “Competition and Consumer Protection in the Digital Economy”. The first paper deals with “Big Data and Competition”. The same day, a “real-life example” of competition enforcement in Big Data became public. The EU Commission confirmed unannounced inspections in “a few

Digital is trump! – Market definition and new dominance criteria for digital markets

Digital is trump! – Market definition and new dominance criteria for digital markets
On 9 June 2017, the 9th amendment of the German Act Against Restraints of Competition (ARC) entered into effect introducing important amendments for companies to German competition law. The reform deals with two main issues: the implementation of the European Cartel Damages Actions Directive (for a comprehensive coverage of the various new regulations) and the adaption of German competition law to the challenges of the digital economy.

The new provisions amongst others deal with merger control, the handling of “free” services, e.g. social media, and companies with the assessment of market power, in particular in the digital industry. This reform is likely to shape the competition law practice in Germany and Europe over the next years.

Mind the gap – New Size-of-Transaction Test in German merger control

On 9 June 2017, the 9th amendment of the German Act Against Restraints of Competition (ARC) entered into effect introducing important amendments for companies to German competition law (please see the highlights of the 9th amendment of the ARC here). The reform deals with two main issues: the implementation of the European Cartel Damages Actions Directive (for a comprehensive coverage of the various new regulations, please see here) and the adaption of German competition law to the challenges of the digital economy.

The new provisions amongst others deal with merger control, the handling of “free” services, e.g. social media, and with the assessment of market power, in particular in the digital industry. This reform is likely to shape competition law practice in Germany and Europe over the next years. Many questions remain open, especially in the practical handling of the newly introduced size-of-transaction test in German merger control. This will lead to an increased need for coordination between companies and the Federal Cartel Office (FCO).