Almost one year after the publication of a first ministerial
draft, the 10th amendment to the German Act against
Restraints of Competition has entered into force on 19 January.
At the core of the amendment are new tools to address a misuse
of market power by companies of the digital economy. Particularly
relevant for most companies, however, are significantly higher
merger control thresholds which will reduce the number of
transactions subject to notification requirements. This part of the
amendment has only been introduced last week.
Further relevant changes: Competitors may request the
Bundeskartellamt to assess intended co-operations. The
Bundeskartellamt receives further investigatory powers which will
require many companies to revise their 'dawn raid
guidelines.' Appropriate and effective compliance programs may
help to reduce antitrust fines in the future.
