The German Federal Council adopts an amendment to act against restraints of competition

Key changes triggered by the amendment relate to a company’s liability for cartel infringements, the introduction of a transaction value test into merger control, private enforcement through the implementation of the EU Cartel Damages Directive, the assessment of market power in multilateral markets, and the extension of the German Federal Cartel Office’s authority to consumer protection. This LawFlash summarizes the key changes of the ninth amendment to the German Act against Restraints of Competition (GWB) (“Amended Law”), which was adopted on March 31 and presumably will enter into effect in April or early May of 2017. Cartel Liability The Amended Law significantly extends the liability for cartel infringements by introducing the concept of group liability. Under the Amended Law,

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Jurgen Beninca, Michael Masling, The German Federal Council adopts an amendment to act against restraints of competition, 31 March 2017, e-Competitions Bulletin March 2017, Art. N° 83671

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