Amendment to the German Competition Act

Following the publication of the amendment to the German Competition Act in the Federal Law Gazette on 06.11.2023, the amendments stipulated by the 11th amendment to the German Competition Act (GWB) entered into force on 07.11.2023.

According to the amendment;

• The competencies of the Bundeskartellamt will be extended to enable it to issue a rectification order following a sectoral investigation. In order for the Authority to exercise its new powers, a sector survey must be carried out, which must be completed within 18 months.
• Following an industry investigation, the Bundeskartellamt may determine in a second step that competition has been distorted. The distortion of competition must be substantial and continuous, i.e. it must have existed for three years and be expected to continue for at least two more years.
• Subsequently, the Bundeskartellamt may order the addressees of the Decision to take measures to correct the faulty functioning.
• This new provision aims to strengthen the enforcement of the Digital Markets Act. As a key element of the provision, the Bundeskartellamt is authorized to investigate possible infringements of Articles 5, 6, and 7 of the DMA by companies already designated as gatekeepers. 
• The amendment reduces the requirements for reimbursement of benefits in order to improve enforcement.

You can reach the related announcement here.

Kind regards,

Zumbul Attorneys-at-Law

info@zumbul.av.tr