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
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