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ARTICLE · 08 JULY 2016

Reform Of German Competition And Merger Control Law

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On 1 July 2016, the German Federal Ministry of Economic Affairs and Energy published a draft for a proposed Ninth Amendment of the German Act against Restraints of Competition (the "Draft").

GermanyAntitrust/Competition Law
Daniel Wiedmann
Daniel Wiedmann
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On 1 July 2016, the German Federal Ministry of Economic Affairs and Energy published a draft for a proposed Ninth Amendment of the German Act against Restraints of Competition (the "Draft").

The main contents of the Draft are:

  • A new merger control notification threshold based on transaction value
  • Specific criteria for the appraisal of market power in (digital) multi-sided markets
  • Introduction of group liability and a broader successor liability for fines
  • Implementation of the EU directive for cartel damages

Stakeholders have been invited to submit comments until 15 July 2016. The draft shall be adopted by the German Federal Government in early August. It shall become effective – after completing legislative procedure – no later than 27 December 2016.

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