The German Federal Court of Justice decides that in assessing the effects of a joint venture under German competition law, the relevant geographic market may be broader than Germany as a whole and may encompass European territories outside Germany (Melitta)

The Federal Court of Justice decided that in assessing the effects of a joint venture under German competition law, the relevant geographic market may be broader than Germany as a whole and may encompass European territories outside Germany. The Court overruled its established case law pursuant to which geographic markets can never be broader than Germany, inter alia, based on the availability of reliable market information through the new network of national competition authorities in Europe.

Decision of the Federal Court of Justice of 5 October 2004, KVR 14/03, WuW DE-R 1355 The 5 October 2004 decision by the Federal Court of Justice (Bundesgerichtshof), the highest court for civil law matters, illustrates that under the EU modernisation framework of 2004, competition authorities will have to assess anticompetitive effects also if these effects are not limited to the territory of the relevant Member State; if from an economic point of view, the relevant geographic market is European, the competition authority must take into account all effects that a particular activity causes in Europe. While the decision was taken in a case under German merger control law, it will also have an impact on all other cases where geographic markets have to be assessed. Traditional view

L'accès à cet article est réservé aux abonnés

Déjà abonné ? Identifiez-vous

L’accès à cet article est réservé aux abonnés.

Lire gratuitement un article

Vous pouvez lire cet article gratuitement en vous inscrivant.

 

Version PDF

Auteurs

Citation

Thomas Jestaedt, Alexandra Deege, The German Federal Court of Justice decides that in assessing the effects of a joint venture under German competition law, the relevant geographic market may be broader than Germany as a whole and may encompass European territories outside Germany (Melitta), 5 octobre 2004, e-Competitions October 2004, Art. N° 228

Visites 2722

Tous les numéros

  • Latest News issue 
  • Tous les News issues
  • Latest Special issue 
  • Tous les Special issues