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  • Article

    EuGH lässt Beschränkung im Onlinehandel für Luxusmarken zu

    Der EuGH hat heute über Beschränkungen im Onlinehandel für Luxusmarken entschieden.
    GermanyAntitrust/Competition Law
    Fieldfisher
    Fieldfisher
  • Article

    German Competition Authority Still One Of The Most Active Regulators In Europe

    Germany's Federal Cartel Office (FCO) has published two documents summarizing its activities for the public: a more detailed "Activities Report" for the years 2015 and 2016 and the high-level...
    GermanyAntitrust/Competition Law
    Orrick
    Orrick
  • Article

    German Court Dismisses Repair Shop Action Over Right To Be Admitted To A Passenger Car Manufacturer’s Authorised Repair Network

    On 21 December 2011, the Düsseldorf Higher Regional Court (the Court), sitting as the court of last instance, decided an important case concerning the right of a manufacturer of passenger vehicles to refuse to appoint a repairer applying to be admitted to its authorised repair network.
    GermanyAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    German Court Upholds Refusal To Access Leniency Documents In The Pfleiderer Case

    On 18 January 2012, the Local Court of Bonn (the Bonn Court) upheld the decision of the German Federal Cartel Office (FCO) refusing Pfleiderer AG, a manufacturer of wood products and laminate flooring (and also a customer of all three participants of a former decor paper cartel) unlimited access to the FCO’s corresponding cartel file.
    GermanyAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    German Federal Cartel Office ("FCO") Publishes "Self-Cleaning" Guidelines

    On 25.11.2021, the FCO published its "self-cleaning" guidelines, specifying the conditions under which companies that have been found by a binding and final decision to have engaged...
    GermanyAntitrust/Competition Law
    Bird & Bird
    Bird & Bird
  • Article

    German Federal Cartel Office Fines German Alstom Subsidiary €91 Million For Bid-Rigging

    Alstom Power Systems GmbH ("Alstom"), a German subsidiary of the French company Alstom SA, and a manufacturer of boilers for brown coal power stations, together with two of its former managers, was fined approx. €91 million by the German Federal Cartel Office ("BKartA") on Thursday, 12 August, for bid-rigging, which included the assignment of customers as well as fixing quotas and prices with its competitors when participating in large public tenders.
    GermanyAntitrust/Competition Law
    SJ Berwin LLP
    SJ Berwin LLP
  • Article

    German Federal Cartel Office Fines SodaStream For Abusive Conduct

    In 2006, the FCO had previously found that SodaStream (then known as Soda Club) had abused its dominant position on the German market for the refilling of gas cylinders.
    GermanyAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    German Federal Court Of Justice Clarifies That Examination Of A Company’s Pricing Elements Can Be Sole Legal Test In Determining Excessive Pricing

    By decision of 15 May 2012, recently published, the German Federal Court of Justice ("the Court") annulled a decision of the Higher Regional Court of Stuttgart ("HRCS"), by which the latter had annulled a decision of the federal cartel office ("FCO") finding that a dominant water supplier had imposed excessive prices on its retail customers.
    GermanyAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    German Federal Court Of Justice Confirms Constitutionality Of German Provision On Limitation Of Cartel Fines At Maximum 10% Of Group Turnover

    In a decision of 26 February 2013, the German Federal Court of Justice has confirmed the constitutionality of Section 81(4), 2nd sentence, of the German Act Against Restraints of Competition.
    GermanyAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    German Federal Supreme Court approves the prohibition of the takeover of the ProSiebenSAT1 group by publishing company Axel Springer AG

    On 8 June 2010, the Federal Supreme Court (Bundesgerichtshof) ruled that the prohibition of the merger between the publishing company Axel Springer AG and the television stations ProSieben and -SAT1 was lawful.
    GermanyAntitrust/Competition Law
    SJ Berwin LLP
    SJ Berwin LLP
  • Article

    German Federal Supreme Court ("BGH") overturns German Federal Competition Office's ("BKartA") prohibition in Phonak (Sonova)/GN ReSound merger

    The BKartA's decision to prohibit the intended acquisition of Swiss firm GN ReSound's hearing device business by Danish firm Phonak (now "Sonova") in early April 2007 had caused the parties to abandon the transaction.
    GermanyAntitrust/Competition Law
    SJ Berwin LLP
    SJ Berwin LLP
  • Article

    Germany Plans To Introduce New Merger Notification Test

    The German government has recently published a bill that would significantly amend the criteria for determining whether an M&A transaction is subject to German merger control.
    GermanyAntitrust/Competition Law
    Orrick
    Orrick
  • Article

    Kartellrecht & Compliance - Finanzgericht Köln: Kartellgeldbuße Mindert Die Steuern Nicht (Ausnahme: Abschöpfung)

    Das Finanzgericht Köln hat am 1. Februar 2017 eine Entscheidung veröffentlicht zur steuerlichen Geltendmachung von Kartellbußgeldern.
    GermanyAntitrust/Competition Law
    Fieldfisher
    Fieldfisher
  • Article

    Kommission verhängt Geldbuße von € 997 Mio. gegen Apple-Zulieferer Qualcomm wegen Ausschließlichkeitsbedingung

    Nach den Feststellungen der Kommission verpflichtete sich Qualcomm im Jahr 2011 in einer Vereinbarung mit Apple, erhebliche Zahlungen dafür zu leisten...
    GermanyAntitrust/Competition Law
    Fieldfisher
    Fieldfisher
  • Article

    Media discounts irk German regulators

    The Bundeskartellamt had abused their dominant position by entering into anti-competitive discount agreements for television advertising with advertising agencies.
    GermanyAntitrust/Competition Law
    Osborne Clarke
    Osborne Clarke
  • Article

    Nestlé Refuses to Settle for Information Exchange Which the German Federal Cartel Office ('BKartA') Sees as Anti-Competitive

    According to industry sources, Nestlé will not agree to a settlement with the BKartA in the case brought against it for the exchange of competitively relevant information.
    GermanyAntitrust/Competition Law
    SJ Berwin LLP
    SJ Berwin LLP
  • Article

    Run, Competition Law, Run!

    The German competition law regulator set out its preliminary view that the way Asics distributed its products to consumers restricted competition.
    GermanyAntitrust/Competition Law
    Fieldfisher
    Fieldfisher
  • Article

    Substantial Reform Of German Competition Law Has Entered Into Force

    On 30 June 2013, the Eighth Amendment to the German Act Against Restraints of Competition has entered into force.
    GermanyAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    The German Federal Cartel Office (Bkarta) Launches Sector Enquiry Into The Food Retail Sector

    The BKartA has recently launched a sector enquiry into the food retail sector, focussing on the competitive conditions on the procurement markets for food and luxury foods for retailers.
    GermanyAntitrust/Competition Law
    SJ Berwin LLP
    SJ Berwin LLP
  • Article

    The German Federal Cartel Office Suffered A Defeat Against Facebook In An Interim Proceeding

    Now, the OLG Düsseldorf has suspended the FCO's decision.
    GermanyAntitrust/Competition Law
    Dentons
    Dentons

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