German Competition Law Newsletter

Below are links to German Competition Law Newsletters that Cleary publishes on a regular basis.


2021

March – June

 

Highlights


FCO Presents Annual Report 2020/2021 Focusing On The Digital Economy

  • On June 23, 2021, the German Federal Cartel Office (“FCO”) published its Annual Report 2020/20211 as well as its biennial Activity Report 2019/2020.

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FCJ Confirms Narrow MFN Clauses As Anticompetitive

  • On May 18, 2021, the FCJ annulled a 2019 decision of the Düsseldorf Court of Appeal (“DCA”) and found the “narrow” most favored nation (“MFN”) clauses used by the hotel booking platform operator Booking Holdings (“Booking.com”) to be incompatible with EU and German competition law.

    Click here to read more.

DCA Refers Facebook Case To The CJEU

  • On March 24, 2021, the DCA stayed the proceedings regarding Facebook’s appeal against the FCO’s decision of 2019 prohibiting Facebook to combine data from different sources and referred a number of questions to the CJEU.

    Click here to read more.

FCJ Confirms: German Merger Control Test Differs From European Test

  • On January 12, 2021, the FCJ dismissed CTS Eventim’s appeal against a decision of the DCA, thus confirming the FCO prohibition of CTS Eventim’s acquisition of Four Artists.

    Click here to read more.

News


FCO

Investigation Against Apple Under New Rules For Large Digital Companies

  • On June 21, 2021, the FCO opened an investigation against Apple under the new competition rules for companies with PCMS.

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    .

FCO Approves RTL Group’s Acquisition Of The Remaining Shares In Super RTL

  • On June 11, 2021, the FCO cleared Bertelsmann SE & Co. KGaA’s (“RTL Group”) acquisition of the remaining 50% shares in RTL Disney Fernsehen GmbH & Co. KG (“Super RTL”) from its co-shareholder The Walt Disney Company (“Disney”).

    Click here to read more
    .

FCO Launches Public Consultations On “Self-Cleaning Guidelines”

  • On June 8, 2021, the FCO published its draft “Guidelines for the premature deletion of an entry in the Competition Register due to self-cleaning” as well as its draft “Practical guide on filing an application for premature deletion”.

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    .

FCO Clears Merger Of “Charité” And “Deutsches Herzzentrum Berlin”

  • On June 7, 2021, the FCO cleared the merger between Charité – Universitätsmedizin Berlin (“Charité”) and the “Deutsches Herzzentrum Berlin” (“DHZB”), thus allowing the establishment of the “Deutsches Herzzentrum der Charité”.

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FCO Terminated Proceedings After Liebherr Adjusted Requirements For Online Sales

  • Following the FCO’s intervention, Liebherr- Hausgeräte Vertriebs- und Service GmbH (“Liebherr”) dropped certain sales conditions which in the FCO’s preliminary view would have resulted in disadvantaging online sales compared to sales in brick-and-mortar shops.

    Click here to read more
    .

Green Light for Emergency Platform for Vaccination Equipment

  • On March 29, 2021, the FCO cleared the way for full-line pharmaceutical wholesalers’ participation in the VCI Emergency Platform for Vaccination Equipment (“Emergency Platform”).

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    .

Deutsche Post Commits To Abandon Rebate System For Newspaper Post

  • On February 26, 2021, the FCO closed its investigation of Deutsche Post AG’s (“Deutsche Post”) rebate scheme for addressed newspapers and magazines (“newspaper post”) after Deutsche Post adjusted its pricing policies.

    Click here to read more.

Courts

FCJ Finds German Courts Have Jurisdiction Over Injunction For Abuse Of Dominant Position

  • On February 10, 2021 the FCJ annulled a decision by which the Schleswig Court of Appeal (“SCA”) had denied jurisdiction over the injunction claims of Hotel Wikingerhof’s (“Wikingerhof”) against the Dutch hotel booking platform operator Booking. com and remanded the case back to the SCA.

    Click here to read more.

FCJ Accepts Liquidated Damages Clauses Of Up To 15% For Cartel Infringements In Buyer’s Terms And Conditions

  • On February 10, 2021, the FCJ declared liquidated damages clauses for cartel damages of up to 15% admissible in its sixth ruling in connection with the so-called “rail cartel”.

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Dortmund Regional Court Aligns Principles For Jurisdiction With EU Law

  • On February 10, 2021, the Dortmund Regional Court set out principles for determining jurisdiction, specifically in competition damages litigation.

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The Nuremberg-Fürth Regional Court Dismisses a Damages Action Against the Immunity Recipient in the Confectionary Cartel

  • On January 14, 2021, the Nuremberg-Fürth Regional Court dismissed an action for damages against a confectionery manufacturer, which participated in an information exchange in the so-called “Four Party” discussion group.

    Click here to read more.

Discovery In Private Follow-On Cartel Litigation

  • On December 17, 2020, the Hanover Regional Court ordered the disclosure of the confidential version of an infringement decision of the EC (the “Infringement Decision”).

    Click here to read more.

FCJ Provides Guidance On Competition Infringements In The Railway Sector

  • On December 8, 2020, the FCJ overturned a decision of the DCA concerning an increase in cancellation fees for track access charges imposed by Deutsche Bahn AG (“DB”) between 2008 and 2011.

    Click here to read more.

Please click here to read the complete Newsletter.

January - February

2020

November - December

September - October

July - August

May – June

February – April

November 2019 - January 2020

2019

September – October

July – August

May – June

March – April

January – February