Bundeskartellamt – Amendment Of The German Competition Act

As of 7 November 2023, the 11th amendment to the German Competition Act (GWB) entered into force following its publication in the German Federal Official Gazette. Within the scope of the amendment to the German Competition Act, certain powers that the Bundeskartellamt can use within the scope of sector inquiries, powers for the implementation of the EU Digital Markets Act (DMA) and powers for the disgorgement of benefits have come into force. This accordingly provides that:

• The Bundeskartellamt is empowered to impose behavioral or structural measures following sector inquiries. If, following a sector inquiry, it is found that there is a significant and persistent malfunctioning of competition, the Bundeskartellamt may use structural or behavioral measures or remedial measures to remedy the malfunctioning of competition, including the division of undertakings, without the need to establish that an infringement exists. These structural, behavioral or remedial