Cleary Gottlieb lawyers have authored and edited Lexology’s Getting the Deal Through Dominance guide 2023, which addresses the most relevant questions on dominance and market power.
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Federal Ministry for Economic Affairs and Climate Action opens consultation on competition and sustainability in Germany and the EU
On March 22, 2023, the Federal Ministry for Economic Affairs and Climate Action (“FMEACA”) hosted an event in which they presented a report commissioned by the FMEACA concerning sustainability goals in competition law in Germany and the EU (“the Report”).[1]
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FCO’s Annual Report 2021/2022: The Digital Economy And Antitrust Enforcement In Times of Crisis
On August 30, 2022, the Federal Cartel Office (“FCO”) published its Annual Report 2021/2022.[1] Andreas Mundt, the President of the FCO, pointed out two areas of the FCO’s focus: First, the collusion of undertakings under the guise of inflation and Russia’s war against Ukraine. Second, to use the flexibility of antitrust law to allow for a degree of cooperation that is necessary in times of crisis. Moreover, the FCO continues to pursue its digital agenda for the digital economy and the protection of consumer rights.
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2023 Update: U.S. Antitrust Sets Sail into Uncharted Seas
The following post was originally included as part of our recently published memorandum “Selected Issues for Boards of Directors in 2023”.
Last year we noted that U.S. antitrust enforcement was in a period of nearly unprecedented public attention and policy debate, and also that the Biden Administration seemed likely to launch significant new policy initiatives as the year progressed.
Continue Reading 2023 Update: U.S. Antitrust Sets Sail into Uncharted Seas
Antitrust Review Episode 7: In Conversation With Andreas Mundt, President of the Bundeskartellamt
In the latest episode of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy interviews Andreas Mundt, President of the Bundeskartellamt. Their conversation covers a wide array of topics, including merger control, cartel enforcement, legislative change in Germany, data and Big Tech, sustainability, and much more.
Listen below, or select from the following links:
Declaratory Action To Suspend Limitation Periods of Cartelists’ Contribution Claims Dismissed
On December 6, 2022, the Frankfurt am Main Court of Appeal[1] dismissed an action to declare the existence of contribution claims against other cartel members. The action was filed in an attempt to suspend the limitation periods of upfront contribution claims that arose at the moment when the purchasers of the cartel suffered harm.
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The Federal Cartel Office´s and Federal Network Agency´s Annual Energy Monitoring Report 2022 And The Developments On The Energy Markets
On November 30, 2022, the German Federal Cartel Office (“FCO”) and the German Federal Network Agency published their joint Energy Monitoring Report 2022.[1] The report focuses on conditions in the German electricity and gas markets in 2021 and also takes a look at developments in early 2022 which were marked by heavy disruptions in the energy markets following Russia’s war against Ukraine.
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Factual Presumption For Causal Harm In Information Exchange Cases
On November 29, 2022, the German Federal Court of Justice (“FCJ”) overturned[1] a decision by the Frankfurt am Main Court of Appeal dismissing a damages action by the insolvent drugstore chain Schlecker.[2] The FCJ held that, in the case of an anticompetitive exchange of price-related information, there is a factual presumption of causal damage. The matter has been sent back to the Frankfurt am Main Court of Appeal for a new decision because, in the opinion of the FCJ, it had attached too light weight to a factual presumption.
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FCO Prohibits Lufthansa From Terminating Feeder Flights For Condor
After publishing its preliminary finding in February 2022[1], the German Federal Cartel Office (“FCO”) recently prohibited the Deutsche Lufthansa AG group (“Lufthansa”) from terminating longstanding cooperation agreements with Condor Flugdienst GmbH (“Condor”).[2] Under the cooperation agreements, Lufthansa is obliged to provide feeder flights to Condor’s long-haul passengers. Continue Reading FCO Prohibits Lufthansa From Terminating Feeder Flights For Condor
New Toolkit for Intervention Under the Draft Competition Enforcement Act
On September 26, 2022, the Federal Ministry for Economic Affairs and Climate Action published a draft of the Competition Enforcement Act which will amend the German Act Against Restraints of Competition (“ARC”) for the 11th time (“Draft 11th Amendment”).[1] The aim of the Draft 11th Amendment is to strengthen the Federal Cartel Office’s (“FCO”) enforcement powers beyond the existing enforcement of antitrust and abuse of dominance violations. Continue Reading New Toolkit for Intervention Under the Draft Competition Enforcement Act