On January 19, 2021, the amendment of the German Act against Restraints of Competition ("ARC") has entered into force. In addition to the significant adjustments to the ARC regarding advancing digitalization, changes in merger control as well as data access claims, to pick out just a few of the most relevant changes, the 10th amendment to the ARC also serves to implement the EU Directive on the harmonization of competition law enforcement in the EU Member States (so-called "ECN Plus Directive") into German law. Partially, the amendment even goes beyond the Directive's mere implementation. Noticeably and for the first time, the German legislator has enshrined an antitrust compliance defense in German law, making effective compliance efforts both before and after the infringement
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The German Parliament enters into force its 10th amendment to the act against restraints of competition bringing significant adjustments regarding advancing digitalization, changes in merger control, as well as data access claims
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