Bundeskartellamt Presents Its Annual Report for 2022/23

Recently, the German Federal Competition Authority ("the Bundeskartellamt"),  has published its annual report for 2022/23.

The Bundeskartellamt maintains its regulatory orientation and focus on consumer protection during times of crisis. While the impact of Russia's aggression against Ukraine is still felt, the agency helps companies navigate the crisis through cooperation while ensuring compliance with competition law.

The Bundeskartellamt has been successful in prosecuting anticompetitive practices, especially amid increased economic strain on consumers.

In the digital economy, the agency has conducted proceedings against major companies like Amazon, Apple, Google/Alphabet, Meta/Facebook, and Microsoft, while also addressing non-search online advertising.

The Bundeskartellamt has been enforcing competition law effectively, with increased powers to control large digital companies, and also has imposed fines on companies and individuals. Dawn raids, fines, and merger examinations have been carried out to limit market concentration and prevent abuse of market power.

The agency also monitors fuel prices, oversees energy price relief measures, and operates the Competition Register for Public Procurement.

The German Bundestag recently passed an Amendment to the German Competition Act, granting the Bundeskartellamt new powers to address malfunctioning competition and divest companies. A future amendment is expected to focus on consumer protection.

In 2022, the Bundeskartellamt examined 800 merger projects, with some mergers undergoing second-phase proceedings. One merger in the surface drainage sector was prohibited, while others were cleared with conditions or abandoned during the examination.

In 2023, the acquisition of parts of Friesland Campina's dairy business by the Theo Müller Group was cleared subject to conditions, and three second-phase proceedings were initiated.

Merger control is crucial for limiting market concentration and deterring companies from notifying mergers due to competition law obstacles.

The Bundeskartellamt intensively monitors fuel prices at petrol stations and investigates structural issues in the market, including transparency and pricing along the value chain.

They also oversees abuse control in energy price relief measures, protecting taxpayers from unjustified relief payments.

The Competition Register for Public Procurement contributes to fair competition in public contracts by assessing companies' economic offenses.

The 11th Amendment to the German Competition Act grants the Bundeskartellamt new powers to address significant competition issues and divest companies. These interventions aim to restore competition and innovation, but the complex proceedings may take several years.

A 12th Amendment focusing on consumer protection is expected.

You can access the full text of the press release here.

Kind regards,

Zumbul Attorneys-at-Law

info@zumbul.av.tr