The Reform of German Antitrust Law

The reform of the German competition law brings major changes to the Act against restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen, GWB). In the field of cartels it is brought in line with European competition law. However, the German rules on abuse of a dominant position remain essentially unchanged and the particularities of German law in this field will continue to apply. The powers of the German competition authorities have been enhanced and reflect now the powers of the European Commission under reg. 1/2003. Changes have been made to the effect that private enforcement of German and European competition law will become easier in Germany. Only minor changes have been adopted in the field of merger control.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. After almost two years of preparation and discussion, the reform of German competition law was finally passed by the German Parliament on 16 June 2005 and entered into force on 1 July 2005. It introduces important amendments to the Law on Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen, hereinafter GWB) in the antitrust field and facilitates the enforcement of competition law by the courts. 2. The reform was initiated following the new Council Regulation No 1/2003, which entered into force on 1 May 2004 and replaced Regulation No 17/62, which radically changed European competition law in the antitrust field. As the new regulation

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Martina Maier, Philipp Werner, The Reform of German Antitrust Law, December 2005, Concurrences N° 4-2005, Art. N° 545

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