Description

Implemented Amendment to Competition Act including competition authority governance

On 19 January 2021, the Amendment of the German Act against Restraints of Competition (GWB - Digitalisierungsgesetz) comes into force. The Amendment introduces new powers for the German Competition Authority (Bundeskartellamt) regarding digital platforms' abuse of power, especially self-preferencing own services. In particular, Section 19a allows the Bundeskartellamt to initiate investigations against companies "of paramount importance for competition across markets" more quickly to deter companies from anti-competitive behaviour. Furthermore, the definition of abusive conduct and the assessment of market power include the quantity of data relevant to competition that is possessed and intermediated by a company.

Original source

Scope

Policy Area
Competition
Policy Instrument
Competition authority governance
Regulated Economic Activity
cross-cutting
Implementation Level
national
Government Branch
executive
Government Body
central government

Complete timeline of this policy change

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2020-10-19
under deliberation

On 19 October 2020, the Amendment of the German Act against Restraints of Competition (GWB - Digita…

2021-01-14
adopted

On 14 January 2021, the Amendment of the German Act against Restraints of Competition (GWB - Digita…

2021-01-19
in force

On 19 January 2021, the Amendment of the German Act against Restraints of Competition (GWB - Digita…

Key regulatory dimensions

Regulated subjects

The businesses, government agencies or individuals affected by this policy or regulatory change.
producer / supplier
1
Type Private organisation
Economic activity platform intermediary: user-generated content
Category Big Tech

Policy change by business practice

The detailed activities within the scope of this policy or regulatory change.
all goods (physical or digital): sale
Regulatory tool
Prohibition of self-preferencing in algorithms or presentation
Merger approval requirement
Prohibition of end-user contract limitations
End user access requirement
Definition of oversight agency jurisdiction
Sanctions
Determined by existing law or regulation
Regulated subjects
1
service (any type): sale
Regulatory tool
Definition of oversight agency jurisdiction
Sanctions
Determined by existing law or regulation
Regulated subjects
1

Policy change by business practice

The detailed activities within the scope of this policy or regulatory change.

all goods (physical or digital): sale

service (any type): sale