The Higher Regional Court of Berlin applies market tipping rules for the first time and prohibits list first rebates offered by leading real estate portal (Immoscout)

The Higher Regional Court of Berlin (Kammergericht, “KG”) ruled that certain exclusivity rebates – so-called ‘list-first’ rebates – granted by real estate portal Immoscout violate German competition law (Case No. U 4/21 Kart). The Immoscout case was decided on the basis of the so-called 'tipping’ provision, an intervention mechanism introduced with the general overhaul of German antitrust law in 2021. Its purpose is to prevent multi-sided platform markets from tipping, i.e. from shifting towards a monopoly in favour of the platform provider with the most users. The case marks the first time this provision has played a decisive role in the context of a major court dispute. Our case commentary outlines the facts and main implications of the case. Facts of the case The dispute between both