The German Competition Authority determines that a Big Tech company is of paramount significance for competition across markets (Google / Alphabet)

According to a press release of 5 January 2022, the German Federal Cartel Office (“FCO”) has decided that Alphabet Inc., including its subsidiary Google (“Google”), is of paramount significance for competition across markets pursuant to Section 19a of the German Act against Restraints of Competition (“ARC”). Although the FCO has also initiated Section 19a proceedings against other large digital platforms, this marks the first time that the FCO has adopted a formal “paramount importance” decision under Section 19a. As a result, the FCO can now use the enhanced powers provided under Section 19a to intervene against Google’s business