The German Government submits a draft of the digitalisation act amending German competition law

On 9 September 2020, the German Government tabled the draft 10th amendment of the German Act against Restraints of Competition (“ARC”), also referred to as the ARC Digitalisation Act. The draft amendment entails significant changes in the areas of abuse of dominance, merger control, cartel fines and private enforcement. Abuse of dominance The amendment aims to modernise control of abuse of dominance in digital markets and particularly by digital platforms by, among other things: (i) amending the criteria to assess market power and (ii) introducing the concept of “paramount importance for competition”. It adds access to competition-relevant data to the list of relevant criteria for assessing the market position of a company. For assessing dominance, the amendment introduces the concept

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Katharina Bongs, Laura Lehoczky-Deckers, The German Government submits a draft of the digitalisation act amending German competition law, 9 September 2020, e-Competitions September 2020, Art. N° 97197

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