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  • Article

    Draft of the 10th GWB Amendment—Big Changes

    In particular, the rules on abuse of market power, merger control and civil damages will be amended.
    GermanyAntitrust/Competition Law
    Arnold & Porter
    Arnold & Porter
  • Article

    German Cartel Office Imposes "Gun Jumping" Fine For Merger Of Two U.S. Companies

    In a highly unusual decision for Germany's Federal Cartel Office (FCO), on December 15, 2008, the agency imposed a fine of €4.5 million against U.S. company Mars, Inc. for violating the bar to closing in Germany pending the completion of the German merger review process.
    GermanyAntitrust/Competition Law
    Jones Day
    Jones Day
  • Article

    German Federal Cartel Office Prohibits Hospital Merger, Rejecting Failing Firm Defence

    On 5 October 2012, details were published concerning a 5 September 2012 decision by the German Federal Cartel Office prohibiting a proposed merger between two hospitals in Worms.
    GermanyAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    German Federal Court Of Justice Clarifies Conditions For Invoking "Legal Impossibility" As Justification For Refusal To Grant Access To An Essential Facility

    By judgment of 11 December 2012, recently published, the German Federal Court of Justice annulled the judgment of the Higher Regional Court of Düsseldorf of 7 December 2011.
    GermanyAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    German Federal Court Of Justice Rules On The Statute Of Limitations For Follow-Up Damages Claims

    On 12 June 2018, the German Federal Court of Justice delivered a highly anticipated judgment that clarified that the suspension of the limitation period for cartel damages claims also applies to claims that arose ...
    GermanyAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    German Federal Court Of Justice Upholds Acquittal Of Industrial Property Insurance Corporation From Fine Imposed On Its Predecessor

    In a judgment of 10 August 2011, the text of which has recently become available, the German Federal Court of Justice (the "Court") rejected an appeal on points of law brought by the public prosecutor against a judgment of the Higher Regional Court of Düsseldorf (see VBB on Competition Law, Volume 2010, No. 4, available at www.vbb.com) acquitting an industrial property insurance corporation, HDI-Gerling Industrie Versicherung AG ("HDI-Gerling"), from liability for the participation of its legal
    GermanyAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    German Labour Court Rejects Damages Claims By ThyssenKrupp Against Its Former Board Member And Managing Director

    The Labour Court of Essen rejected all damages claims against the former Executive Board Member and Managing Director of a ThyssenKrupp subsidiary.
    GermanyAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    German Regulator Highlights Antitrust Risks Associated With The Use Of Industry Initiatives For Supply Chain Due Diligence

    The EU's Corporate Sustainability Due Diligence Directive (CS3D) stresses that industry initiatives (next to multi-stakeholder initiatives) can constitute helpful tools for allowing covered companies...
    GermanyAntitrust/Competition Law
    Jones Day
    Jones Day
  • Article

    Higher Regional Court Of Düsseldorf Overrules Decision On EDEKA's "Wedding Rebates"

    In 2014, the FCO found that, whilst not being dominant, EDEKA's market position on the procurement market in the food retail sector was strong enough for its suppliers to be economically dependent on EDEKA.
    GermanyAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Is Germany's Liberal Freedom Of Investment In Danger? New Protectionism Through Tighter Investment Control In Germany

    The prominent German law magazine Deutscher AnwaltSpiegel published Frankfurt-based partner Sebastian Jungermann's article concerning foreign investment control and recent developments in Germany.
    GermanyAntitrust/Competition Law
    Arnold & Porter
    Arnold & Porter
  • Article

    Merger Control, Member State Level - Germany

    According to a press release of 18 March 2011, the German Federal Cartel Office has prohibited the plans of broadcasting groups RTL and Pro7Sat1 to form a joint venture for the creation and operation of an online video platform.
    GermanyAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Regional Court Of Düsseldorf Dismisses Damages Claim Against Cement Manufacturers

    On 17 December 2013, the Regional Court of Düsseldorf dismissed a damages claim of approximately € 131 million brought by the Belgian company CDC Cartel Damages Claims SA ("CDC") against cement manufacturers Cemex Deutschland AG, Dyckerhoff AG, Lafarge Zement GmbH, Schwenk Zement KG, HeidelbergCement AG and Holcim Deutschland AG.
    GermanyAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    … And German Federal Competition Office Welcomes Government Proposal to Investigate Energy and Gas Sectors

    The gas and energy sector has been under close scrutiny by the German Federal Competition Office ("BKartA") and the German government. It could only be a matter of time before other member states' authorities follow suit.
    GermanyAntitrust/Competition Law
    SJ Berwin LLP
    SJ Berwin LLP
  • Article

    The Purchase and Sale of Companies in Germany - 3.Corporate Forms - Wessing Bere

    GermanyCorporate/Commercial Law
    Wessing Berenberg-Gossler Zimmermann Lange
    Wessing Berenberg-Gossler Zimmermann Lange
  • Article

    The Purchase and Sale of Companies - 8.Form Of Confidentiality Agreement, Pro-Bu

    GermanyEmployment and HR
    Wessing Berenberg-Gossler Zimmermann Lange
    Wessing Berenberg-Gossler Zimmermann Lange
  • Article

    Germany Expands Its Powers To Block Takeovers By Foreign Investors

    The German government lowered the threshold for acquisitions of German companies by non-EU and non-European Free Trade Association ("EFTA") acquirers.
    GermanyAntitrust/Competition Law
    Jones Day
    Jones Day
  • Article

    Germany Updates Competition Rules To Deal With Digital Markets

    The "Digital Strategy 2025", adopted by the German Federal Government on March 1, 2016, aims to ensure that Germany remains a growing, modern and significant financial marketplace...
    GermanyAntitrust/Competition Law
    Reed Smith (Worldwide)
    Reed Smith (Worldwide)
  • Article

    Simulation Models For The Quantification Of Cartel Damages

    A German court's landmark decision in the European bathroom fittings cartel case has established a five-step framework for estimating cartel damages, with particular emphasis on using economic simulation models to assess pass-through rates to indirect purchasers. This analysis explores how these models address the fundamental challenge of reconstructing unobservable counterfactual market conditions and demonstrates their practical applicability in litigation.
    GermanyAntitrust/Competition Law
    NERA
    NERA
  • Article

    Düsseldorf Regional Court Guidance Regarding Standard-Essential Patents ("SEPs") And Splitting Of The Portfolio Of SEPs

    The Court ordered Samsung to provide information and to render an account of past sales in Germany.
    GermanyIntellectual Property
    Taylor Wessing
    Taylor Wessing
  • Article

    Ad Blockers Permissible – At Least Under Competition Law

    The long-awaited hearing on the admissibility of advertising blocker "AdBlock Plus" under competition law was held at the Federal Court of Justice recently.
    GermanyMedia, Telecoms, IT, Entertainment
    SKW Schwarz
    SKW Schwarz

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