Dr. Michaela Westrup

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ECJ: national competition authorities may assess infringements outside competition law when establishing a dominance abuse 

Four years after a landmark decision by the German Federal Cartel Office (FCO) (decision of 6 February 2019, B6-22/16) finding that a major technology company acted abusively due to an alleged General Data Protection Regulation (GDPR) infringement, the European Court of Justice (ECJ) recently confirmed the FCO’s decision in that, depending on the circumstances of … Continue Reading

New EU rules promote transparency and fairness in online trading practices

On February 14, 2019, the European Commission, European Parliament, and Council of the European Union reached agreement on new rules designed to ensure a fair, transparent and predictable business environment to the benefit of both end consumers and entrepreneurs using third party online platforms for their business. The new rules will be implemented by way … Continue Reading

Platform bans under competition law – a German perspective

Digital transformations in commerce steadily increase the variety and availability of products and give consumers access to retail offers beyond geographic boundaries on a 24/7 basis. While the increase of e-commerce might enhance inter- and intra-brand competition, it heavily impacts the traditional retail landscape. Brand manufacturers suffer from less price stability and retailers find it … Continue Reading

Online sales restrictions continue to be top enforcement priority in EU

The European Commission recently published its long-awaited final report on its E-commerce Sector Inquiry launched two years ago. Therein, the Commission identifies that pricing limitations, dual pricing (i.e., charging different prices according to the channel through which a product is sold) and platform bans are among the most widespread vertical competition restraints in e-commerce implemented … Continue Reading

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 in an increasingly digitalized environment. Measures proposed under the Digital Strategy 2025 include the further development of Germany’s regulatory landscape, in particular in the areas of competition and … Continue Reading
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