With its enactment of the new German Digitalization Act (“GWB10”) on January 19, 2021, Germany became one of the first countries to upgrade its statutory toolbox to tackle the (perceived) market power of digital giants. The most prominent tools aim to address behavioral and structural market deficiencies (§§19(1a), 20(3a)) and ease data access (§§ 19(2) no. 4, 20(1a)). Further noteworthy changes include: Merger Control: GWB10 (i) raises the relevant domestic turnover thresholds, (ii) extends the phase II deadline in which the Federal Cartel Office (“FCO”) has to assess the deal (from four to five months), and (iii) provides the FCO with the power to request sector-specific filings; Cooperations: Companies that wish to enter into horizontal cooperations are entitled to a formal decision of
The German Parliament enacts a new Digitalization Act with statutory toolbox to tackle potential market power of digital giants with additional noteworthy changes to merger control, cooperations, compliance, and dawn raids
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