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Journal articles on the topic 'Antitrust law – Germany'

Author: Grafiati

Published: 10 March 2023

Last updated: 31 July 2025

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1

Marković-Bajalović, Dijana. "The EU institutional model of competition law enforcement evisited: How much rule of law suffices?" Pravni zapisi 13, no. 2 (2022): 500–535. http://dx.doi.org/10.5937/pravzap0-40075.

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The EU model of competition law enforcement has been criticized by many authors ever since antitrust provisions in the EEC Treaty became effective. The fundamental contradiction between the high level of fines threatened (and often imposed) for antitrust violations and the administrative, inquisitorial procedure for investigating antitrust offences and imposing sanctions has principally inspired the critics. The compatibility of the EU model with Article 6 of the European Convention on Human Rights (the ECHR) was disputed, instigating the EU institutions to take steps to improve the institutio

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2

Wurmnest, Wolfgang. "A New Era for Private Antitrust Litigation in Germany? A Critical Appraisal of the Modernized Law against Restraints of Competition." German Law Journal 6, no. 8 (2005): 1173–89. http://dx.doi.org/10.1017/s2071832200014218.

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On July 1st, 2005, the 7th Amendment to the Law against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen – GWB) became effective. The modernization of the GWB was indispensable in bringing German law in line with Regulation (EC) No. 1/2003. Regulation 1/2003 decentralized the enforcement of EC competition rules and aimed to pave the way for effective private antitrust litigation in Europe. Thus far, private parties have invoked Art. 81 and 82 EC Treaty primarily as shield by arguing that certain agreements were void. Only in very few instances were those rules used as sword to

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3

Perskaya, Victoriya, Lyubov Khomyakova, Dmitry Morkovkin, Tural Mamedov, Aleksandra Zvereva, and Alexander Chupin. "Prospects for the implementation of antimonopoly compliance in the EAEU law." OOO "Zhurnal "Voprosy Istorii" 2023, no. 9-1 (2023): 92–107. http://dx.doi.org/10.31166/voprosyistorii202309statyi02.

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The article analyzes the legislation of France, Great Britain, Germany and the USA in terms of the presence or absence of normative regulation of the institution of antitrust compliance for government agencies and business entities. The article also assesses the positive and negative effects of antimonopoly compliance in the EAEU member states. The authors formulated proposals for the introduction of antimonopoly compliance in the EAEU member states and at the interstate level, taking into account international experience.

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4

Gerber, David J., and John O. Haley. "Antitrust in Germany and Japan, the First Fifty Years, 1947-1998." American Journal of Comparative Law 52, no. 2 (2004): 501. http://dx.doi.org/10.2307/4144460.

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5

L. Stamer, Hanna. "Should German Courts Review Competition Law Awards on the Merits? Significance of the German Federal Supreme Court’s Decision of 27 September 2022." Journal of International Arbitration 40, Issue 6 (2023): 765–88. http://dx.doi.org/10.54648/joia2023033.

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The extent to which courts are allowed to review arbitral awards for public policy violations in annulment or enforcement proceedings is a controversial topic. Recently, the German Federal Supreme Court (BGH) conducted an exhaustive judicial review of an award (referred to as a ‘Révision au fond’), assessing its potential breach of competition law within the framework of Germany’s public policy. This marks the first time in more than five decades that Germany’s highest civil court has taken an unambiguous stance in the ongoing discourse. Even though BGH decisions have no binding effect for low

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6

Chukurov, D., and N. Kobadze. "Overview of latest amendmentsto the competition law of Germany." Russian competition law and economy, no. 1 (March 30, 2018): 70–76. http://dx.doi.org/10.32686/2542-0259-2018-1-70-76.

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Over the past 20 years, the Act against Restraints of Competition in Germany has been repeatedly adapted to changing market conditions. In particular, the guidance from the European Union has led to extensive reforms. This article is dedicated to the ninth and most recent amendment dated 09.03.2017, which was accompanied by a vivid politi- cal debate. The amendment is primarily a response to the progressive digitalization of markets. Thus, the competition law of Germany becomes the ﬁrst regime in the world to provide rules for the digital economy.In addition, the amendment provides for signiﬁc

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7

Botta, Marco, and Klaus Wiedemann. "The Interaction of EU Competition, Consumer, and Data Protection Law in the Digital Economy: The Regulatory Dilemma in the Facebook Odyssey*." Antitrust Bulletin 64, no. 3 (2019): 428–46. http://dx.doi.org/10.1177/0003603x19863590.

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This article analyzes the interaction of EU competition, consumer and data protection law in the digital economy. We compare the objectives, rules and enforcement structures of these legal regimes, and we discuss market failures that justify regulatory intervention in digital markets. In particular, the Facebook investigations in Germany and Italy are selected as a case study. The Bundeskartellamt’s investigations are remarkable, being the first in which an exploitative abuse of dominance involving a digital platform has been decided under competition law. These we compare with their Italian c

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8

Arroyo Aparicio, Alicia. "Productos de lujo y distribución a través de plataformas de internet desde el Derecho Europeo de la Competencia (TJUE C-230/16, Asunto Coty) = Luxury products and distribution through internet platforms from the European Competition Law (ECJ C-230/16, Coty Case)." CUADERNOS DE DERECHO TRANSNACIONAL 11, no. 1 (2019): 663. http://dx.doi.org/10.20318/cdt.2019.4637.

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Resumen: Este estudio analiza la jurisprudencia del TJUE referida a los acuerdos de distribución selectiva de productos cosméticos de lujo y la compatibilidad de la restricción de las ventas de esos productos a través de plataformas de internet (on line) con el Derecho protector de la libre competencia de la UE. Se tiene en cuenta en particular la Sentencia de 6 de diciembre de 2017, Asunto Coty Germany GbmH c. Parfümerie Akzente GmbH, si bien se observa la jurisprudencia en general así como desde la recaída en el Asunto Metro hasta dicha sentencia. Tres cuestiones son destacadas: distribuci

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9

Davidow, Joel. "Recent Developments in US Antitrust." World Competition 28, Issue 3 (2005): 299–312. http://dx.doi.org/10.54648/woco2005019.

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A major issue for US antitrust enforcement in the last year or so has been how to achieve maximum detection and deterrence of cartels, even at the cost of weakening certain sanctions. Thus, new legislation protects first-to-confess price fixers from criminal penalties and from trebling of damages owed to customers. To the same end, US enforcement agencies have sought to cut back the ability of foreign victims of the non-US aspects of worldwide cartels to obtain damage relief in American courts. This approach has been justified primarily as facilitating the operation of leniency policies by dec

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10

Strilko, Valentyna Yu, Aliona S. Romanova, Sergii O. Koroied, Vitalii M. Makhinchuk, and Olha I. Kolych. "Comparative Legal Analysis of Some Aspects of Competition Law of Ukraine and EU Countries." International Journal of Criminology and Sociology 9 (October 21, 2021): 2839–49. http://dx.doi.org/10.6000/1929-4409.2020.09.348.

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On its path to European integration, Ukraine is constantly improving its antimonopoly legislation and strengthening its protection of economic competition. Before independence and the collapse of communism, Ukraine had a highly monopolized economy. The newly created Antimonopoly Committee of Ukraine has, since its inception, had protection of economic competition as one of its main tasks. The purpose of this paper is to investigate the specific provisions of Ukrainian legislation and European legislation on the protection of economic competition, including the practice of its application. Pola

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11

Möschel, Wernhard. "Use of Economic Evidence in Antitrust Litigation in the Federal Republic of Germany." Antitrust Bulletin 32, no. 2 (1987): 523–50. http://dx.doi.org/10.1177/0003603x8703200208.

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12

Wolski, Dominik. "The Principle of Liability in Private Antitrust Enforcement in Selected European States in Light of the Implementation of the Damages Directive into the Polish Legal System." Yearbook of Antitrust and Regulatory Studies 9, no. 14 (2016): 69–95. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.14.3.

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In the vast majority of European countries, private antitrust enforcement falls under general rules of civil law. One of the issues to be discussed in relation to this type of litigation is the principle of liability, which exists in the given legal system, and its presumed impact on private enforcement. This problem has been debated in the course of the implementation works on the Damages Directive into the Polish legal system. A discussion on the principle of liability has taken place at least twice in this context. First, the issue was considered by the Civil Law Codification Commission and

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13

Suyawan, Meirani, and Kurnia Togar Pandapotan Tanjung. "ON PROPOSAL TO REGULATE ABUSE OF SUPERIOR BARGAINING POSITION: LESSONS FROM OTHER JURISDICTIONS." Jurnal Hukum & Pembangunan 50, no. 1 (2020): 145. http://dx.doi.org/10.21143/jhp.vol50.no1.2487.

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The latest version of the draft bill regarding Law on the Prohibition of Monopolistic Practices and Unfair Business Competition has added new arrangements about the abuse of a superior bargaining position. The new law proposal which is intended to amend existing Indonesian competition law (Law Number 5 Year 1999) stipulates that any business actor is prohibited from abuse its superior bargaining position within a partnership agreement with other less dominant entities. Under Law Number 20 Year 2008 on Micro, Small and Medium Enterprises, a partnership agreement means any agreement made between

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14

Borzilo, Evgeniya Yu. "Review of antimonopoly restrictions for unilateral actions of non-dominant business entities in foreign legislation." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 51 (2024): 108–19. http://dx.doi.org/10.17223/22253513/51/9.

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The competition laws of various states contain rules aimed at creating a balance between strong and weak business players. In addition to the traditional prohibition of abuse of a dominant position, a number of jurisdictions also contain restrictions on business activities for non-dominant business entities. After studying the relevant provisions, the author concludes that they are mainly formulated either as a prohibition of abuse of economic dependence, a prohibition of abuse of bargaining power, or a prohibition of one of the forms of unfair competition within the framework of antitrust rul

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15

Wang, Yuhui, and Shahzada Aamir Mushtaq. "Implications of the Digital Economy on Merger Control in Pakistan and China: Policy Implications for Pakistan." Journal of Politics and Law 15, no. 1 (2021): 40. http://dx.doi.org/10.5539/jpl.v15n1p40.

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The rise of the digital economy has challenged the foundation of competition law frameworks the world over. Today, the antitrust doctrine finds itself confronting a new economy; an econo-my wherein data acts as a currency, markets are without prices, market collisions are based on algorithms, and the market is &lsquo;infinite&rsquo;. Several jurisdictions such as Germany, Austria, and China have developed new regulations or amended existing legislations to confront the chal-lenges presented by the digital economy. A dearth of theoretical and empirical literature has evaluated whether d

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16

Jaremba, Urszula, and Laura Lalikova. "Effectiveness of Private Enforcement of European Competition Law in Case of Passing-on of Overcharges: Implementation of Antitrust Damages Directive in Germany, France, and Ireland." Journal of European Competition Law & Practice 9, no. 4 (2018): 226–36. http://dx.doi.org/10.1093/jeclap/lpy011.

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17

Crane, Daniel. "Fascism and Monopoly." Michigan Law Review, no. 118.7 (2020): 1315. http://dx.doi.org/10.36644/mlr.118.7.fascism.

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The recent revival of political interest in antitrust has resurfaced a longstanding debate about the role of industrial concentration and monopoly in enabling Hitler’s rise to power and the Third Reich’s wars of aggression. Proponents of stronger antitrust enforcement argue that monopolies and cartels brought the Nazis to power and warn that rising concentration in the American economy could similarly threaten democracy. Skeptics demur, observing that German big business largely opposed Hitler during the crucial years of his ascent. Drawing on business histories and archival material from the

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18

Markert, Kurt E. "German Antitrust Law and the Internationalization of Markets." World Competition 13, Issue 3 (1990): 23–51. http://dx.doi.org/10.54648/woco1989014.

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19

Fiebig, Andre, and David Gerber. "The Causes and Consequences of the Neo-Brandeisian Antitrust Movement in the United States." Zeitschrift für Wettbewerbsrecht 19, no. 4 (2021): 460–86. http://dx.doi.org/10.15375/zwer-2021-0405.

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Abstract The recent appointments of Timothy Wu as Special Assistant to the U.S. President for Technology and Competition Policy and Lina Khan, a member of the U.S. Federal Trade Commission, two prominent advocates for a fundamental shift in U.S. antitrust policy, and the introduction of federal and state legislation to change how antitrust is applied signal a realistic possibility of a fundamental change of direction in the course of U.S. antitrust. The shift advocated by these self-described “Brandeisians” goes beyond the reform proposals advocated by the Post-Chicago School movement. Whereas

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20

Ribera Martínez, Alba. "The Court of Justice Kicks Around the Dichotomy Between Data Protection and Competition Law Case Comment of the Preliminary Ruling in Case C-252/21 Meta Platforms v. Bundeskartellamt." YEARBOOK OF ANTITRUST AND REGULATORY STUDIES 16, no. 28 (1994): 131–52. http://dx.doi.org/10.7172/1689-9024.yars.2023.16.28.7.

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Data protection and competition law have been at a crossroads in terms of their integration. Antitrust authorities as well as data protection supervisory authorities have grappled with the question of whether both fields of law should be combined into the same analysis. The German competition authority, the Bundeskartellamt, was the first to fuse them in its landmark case against Facebook’s data processing terms and conditions. The exploitative theory of harm put forward by the German NCA is the first of its kind to integrate data protection considerations into the antitrust analysis, namely b

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21

Gerber, David J., and James Maxeiner. "Policy and Methods in German and American Antitrust Law." American Journal of Comparative Law 36, no. 3 (1988): 567. http://dx.doi.org/10.2307/840348.

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22

ChiriŢĂ, Anca Daniela. "The Analysis of Market Dominance and Restrictive Practices Under German Antitrust Law in Light of EC Antitrust Law." European Competition Journal 4, no. 2 (2008): 415–41. http://dx.doi.org/10.5235/ecj.v4n2.415.

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23

Witt, Anne C. "Excessive Data Collection as a Form of Anticompetitive Conduct: The German Facebook Case." Antitrust Bulletin 66, no. 2 (2021): 276–307. http://dx.doi.org/10.1177/0003603x21997028.

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In a high-profile decision of February 6, 2019, the German Federal Cartel Office prohibited Facebook’s data collection policy as an abuse of dominance for infringing its users’ constitutional right to privacy. The case triggered a remarkable interinstitutional dispute between the key players in German competition law. Conflicting rulings by the Düsseldorf Higher Regional Court and the German Federal Court of Justice further illustrate how deeply divided the antitrust community is on the role of competition law in regulating excessive data collection and other novel types of harm caused by domi

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24

Wörsdörfer, Manuel. "Digital Platforms and Competition Policy: A Business-Ethical Assessment." Journal for Markets and Ethics 9, no. 2 (2021): 97–119. http://dx.doi.org/10.2478/jome-2021-0007.

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Abstract The debate around ‘big tech’ and competition law and policy has gained traction over the past few years – not least because of the various ongoing antitrust investigations in China, Europe, and the U.S. This paper builds on the renewed interest in the topic and discusses the key characteristics of digital markets, the business models and strategies of major tech platforms such as Amazon, Apple, Facebook, and Google, and the corresponding antitrust issues. It does so by utilizing a distinct business ethics perspective, i.e., ordoliberalism. By doing so, the paper not only aims to enric

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25

Colangelo, Giuseppe. "Antitrust Über Alles. Whither Competition Law after Facebook?" World Competition 42, Issue 3 (2019): 355–76. http://dx.doi.org/10.54648/woco2019020.

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After a three-year investigation the German Competition Authority (GCA) found Facebook’s data policy to be abusive. In its assessment the authority stated that, by making the use of its social-networking service conditional upon users granting extensive permission to collect and process their personal data, Facebook unlawfully exploited its dominant position in the German market for social networks. Hence, the GCA has found a way – uniquely German-specific – to limit Facebook’s ability to gather, combine, and analyse data. In order to achieve this, it has acted as a self-appointed enforcer of

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26

Chawla, Twinkle, and Ruchi Verma. "Pay for Delay Agreements: Antitrust Watch Intensifies." Journal of National Law University Delhi 5, no. 1 (2018): 22–39. http://dx.doi.org/10.1177/2277401718787952.

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The pharmaceutical sector has constantly endeavoured to balance its dual objectives of promoting state-of-art innovation and achieving affordable healthcare for all. The contrasting aims are also germane to the inevitable conflict between the competition law and the patent law with respect to this sector. Reverse payment settlement is one such concept that lies at the cross-section of these two legislations and strangely offers an uncanny mechanism where extreme partisans (i.e., innovator and generics) become comrades, thereby prodding genuine concerns and exposing legal vulnerabilities of suc

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27

Zografos, Alexandros S. "The SEP Holders Guide to the Antitrust Galaxy: FRAND and Injunctions." World Competition 37, Issue 1 (2014): 53–68. http://dx.doi.org/10.54648/woco2014004.

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Standardization has proven to be a source of considerable benefits but for antitrust it can be a field laden with dangers. Recent Article 102 TFEU investigations related to standard-setting focus on the issue of availability of injunctive relief for FRAND-encumbered SEPs and compatibility of such litigation with antitrust rules on unilateral behaviour. The heterogeneity, which characterizes the outcome of these probes across jurisdictions reflects the diversity of opinions found in academic scholarship. This notwithstanding, there is consensus that the concept of the willing licensee is decisi

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28

Iaia, Vincenzo. "The Strengthening Liaison between Data Protection, Antitrust and Consumer Law in the German and Italian Big Data-Driven Economies." Białostockie Studia Prawnicze 26, no. 5 (2021): 63–74. http://dx.doi.org/10.15290/bsp.2021.26.05.04.

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Abstract Nowadays, personal data represent a strategic asset for companies as they can significantly influence their market position. Indeed, the issues arising from the management of large amounts of data (so-called big data) are not only relevant for data protection authorities, since this practice has also induced the intervention of competition and consumer protection authorities. The digital economy has enhanced new forms of abuses of dominant position and unfair practices, which can be performed via the handling of big data. This paper starts by analysing the German antitrust authority v

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29

Pfeiffer, Roberto Augusto Castellanos. "Digital Economy, Big Data and Competition Law." Market and Competition Law Review 3, no. 1 (2019): 53–89. http://dx.doi.org/10.7559/mclawreview.2019.315.

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Big data has a very important role in the digital economy, because firms have accurate tools to collect, store, analyse, treat, monetise and disseminate voluminous amounts of data. Companies have been improving their revenues with information about the behaviour, preferences, needs, expectations, desires and evaluations of their consumers. In this sense, data could be considered as a productive input. The article focuses on the current discussion regarding the possible use of competition law and policy to address privacy concerns related to big data companies. The most traditional and powerful

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Sadowska, Malgorzata. "Energy Liberalization in Antitrust Straitjacket: A Plant Too Far?" World Competition 34, Issue 3 (2011): 449–76. http://dx.doi.org/10.54648/woco2011037.

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The European Commission (EC) has launched a number of antitrust investigations against the major energy incumbents in the aftermath of the energy sector inquiry. Most of them have already been settled under Article 9 of the EC Regulation 1/2003 and the undertakings offered far-reaching, sometimes structural, commitments. This article studies the 2008 investigation into price manipulation in the German electricity wholesale market. In spite of no convincing evidence and flaws in the assessment, the Commission was able to negotiate from E.ON substantial capacity divestments. The Commission is st

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31

Klees, Andreas M. "Breaking the Habits: The German Competition Law after the 7th Amendment to the Act against Restraints of Competition (GWB)." German Law Journal 7, no. 4 (2006): 399–419. http://dx.doi.org/10.1017/s2071832200004740.

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The amended German Act against restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen – GWB) has been in force since 1 July 2005. After a long and controversial debate, including a mediation procedure between the Bundestag (Lower House of the German Federal Parliament) and the Bundesrat (Upper House of the German Federal Parliament), and two and a half years after the adoption of Regulation No. 1/2003 in December 2002 the 7th Amendment to the Law against restraints of Competition was finally adopted in June 2005. Interestingly, the delay in passing the 7th Amendment – more than one

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Wils, Wouter P. J. "Independence of Competition Authorities: The Example of the EU and Its Member States." World Competition 42, Issue 2 (2019): 149–69. http://dx.doi.org/10.54648/woco2019012.

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At the end of 2018, the European Parliament and Council adopted Directive (EU) 2019/1, often referred to as the ‘ECN Directive’, which, among other things, contains provisions ensuring the independence of the competition authorities of the EU Member States (national competition authorities or NCAs), which are, together with the European Commission, responsible for the enforcement of the EU antitrust rules laid down in Articles 101 and 102 TFEU. In early 2019, the European Commission visibly showed its own independence by prohibiting Siemens’ takeover of Alstom’s rail transport business, a prop

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Frank, Lior. "Boundedly Rational Users and the Fable of Break-Ups: Why Breaking-Up Big Tech Companies Probably Will Not Promote Competition from Behavioural Economics Perspective." World Competition 43, Issue 3 (2020): 373–84. http://dx.doi.org/10.54648/woco2020019.

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The disclosure regime introduced by the EU Damages Directive is largely unprecedented in many EU Member States. Its implementation raises a number of thorny questions for both legal scholarship and practice. This contribution proposes a comparative analysis of Germany’s implementation through the lens of US discovery as a means of exposing issues, testing weaknesses, and exploring potential solutions. While the US certainly does not get everything right, it has grappled with questions of disclosure for decades. This wealth of experience and case law provides a rich vein for European (civil law

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34

Koos, Stefan. "Artifical Intelligence as Disruption Factor in the Civil Law: Impact of the use of Artifical Intelligence in Liability, Contracting, Competition Law and Consumer Protection with Particular Reference to the German and Indonesian Legal Situation." Yuridika 36, no. 1 (2021): 235. http://dx.doi.org/10.20473/ydk.v36i1.24033.

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The Article describes the impact of artificial intelligence in different areas of the civil law, namely tort law, contract law, antitrust law and consumer protection law. It shows that the use of artificial intelligence already leads to legal constellations, which cannot longer easily subsumized under elementary terms of the civil law and therefore cause a real disruption in the civil law. Terms, which are based on a freedom concept of the subjective rights of the actors, such as private autonomy and contractual will not fit anymore to the activity of artificial intelligence systems the more t

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35

Friederiszick, H. W., and L. H. Roller. "QUANTIFICATION OF HARM IN DAMAGES ACTIONS FOR ANTITRUST INFRINGEMENTS: INSIGHTS FROM GERMAN CARTEL CASES." Journal of Competition Law and Economics 6, no. 3 (2010): 595–618. http://dx.doi.org/10.1093/joclec/nhq008.

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Kühne, Gunther. "Incremental Regulatory Reform and Antitrust Law in the Energy Sector: the German “Middle of the Road” Approach." Journal of Energy & Natural Resources Law 14, no. 1 (1996): 76–87. http://dx.doi.org/10.1080/02646811.1996.11433050.

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37

Mackiewicz, Marta. "The Condition of Fault in Private Enforcement of Competition Law – a Comparative Analysis of U.S. v. Polish and European Approach." Yearbook of Antitrust and Regulatory Studies 12, no. 21 (2020): 71–97. http://dx.doi.org/10.7172/1689-9024.yars.2020.13.21.3.

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The purpose of the Polish Act on Claims for Damages for Remedying the Damage Caused by Infringements of Competition Law, based on and implementing EU law – the Damages Directive, was to enable undertakings to effectively use private enforcement of their damages claims from competition law offenders. Infringement of competition law is classified as a tort according to the said Act on Claims. Therefore, the Act on Claims refers to tort liability rules. The conditions of classic tort liability in domestic law do not have exactly the same dogmatic meaning and scope as the conditions of public or p

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38

Busse, Christian. "Die Wertschöpfungskette im Agrar- und Lebensmittelbereich zwischen Selbststeuerung und staatlicher Regulierung." CEDR Journal of Rural Law 9, no. 1 (2023): 10–43. https://doi.org/10.5281/zenodo.8298043.

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La chaîne de création de valeur dans le secteur agroalimentaire fait actuellement l'objet d'intenses discussions. Son fonctionnement est au coeur des débats. Dans ce contexte, le présent article a pour objectif de donner un aperçu de la législation européenne en vigueur sur la chaîne de valeur. Dans ce contexte, il s'avère utile de classer les normes pertinentes dans un ordre systématique et de donner à cet ordre une structure juridique. Il en résulte une division en un domaine de réglementatio

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Jurczuk, Anna, Michał Moszyński, and Piotr Pysz. "Ordoliberalism – A Research Approach for Today?" Studies in Logic, Grammar and Rhetoric 68, no. 1 (2023): 347–61. http://dx.doi.org/10.2478/slgr-2023-0018.

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Abstract Research background: To a limited extent, modern researchers are interested in ordoliberalism, as a theory of the socio-economic system, which is confirmed by the results of the bibliometric analysis. In conducted studies, the assumptions of ordoliberalism are used partially, for example, for research on: the role of the state in the economy, the antitrust law, the theoretical assumptions of the SME, the determinants of German economic policy after World War II. Purpose of the article: The aim of this article is to present the possibilities offered by the ordoliberal theory that predi

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Hawk, Barry E. "Policy and Methods in German and American Antitrust Law: A Comparative Study. By James Maxeiner. New York, Westport and London: Praeger Publishers, 1986. Pp. xiii, 174. Index. $37.50." American Journal of International Law 82, no. 1 (1988): 208–14. http://dx.doi.org/10.2307/2202905.

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V. V., Serediuk. "The role and purpose of the state in the currents of neoliberalism." Almanac of law: The role of legal doctrine in ensuring of human rights 11, no. 11 (2020): 213–19. http://dx.doi.org/10.33663/2524-017x-2020-11-38.

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The article reveals the theses of neoliberalism - a complex philosophical and scientific course, as well as social practices concerning a new understanding of the role and purpose of the state in the twentieth century. The results of the study are based on an analysis of the works of representatives of German and American neoliberalism. The strong role of the state in the economic sphere, as well as the humanitarian, social and security purpose of the state are described. Neoliberalism was formed in the fields of economics, political science, jurisprudence, international law, philosophy as sci

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Deutscher, Elias. "Reshaping Digital Competition: The New Platform Regulations and the Future of Modern Antitrust." Antitrust Bulletin, April 19, 2022, 0003603X2210827. http://dx.doi.org/10.1177/0003603x221082742.

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This article reflects on the way in which the new initiatives to regulate powerful online platforms in the European Union, the United States, the United Kingdom, and Germany challenge well-established fundamentals of modern antitrust and thereby reshape the future of competition law. It shows that the new platform regulations set in motion a profound transformation of modern antitrust law that operates along four parameters. First, the new platform regulations unsettle the long-standing baseline assumption that the maximization of consumer welfare constitutes competition law’s core mission. Se

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"B Foreign Case Law Germany: Bundesgerichtshof, Beschluss KZB 75/21, verkündet am 27. September 2022 [Award partially quashed for violating public policy due to the misapplication of core antitrust rules]." ASA Bulletin 41, Issue 1 (2023): 53–66. http://dx.doi.org/10.54648/asab2023007.

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Colangelo, Giuseppe. "The Privacy/Antitrust Curse: Insights from GDPR Application in Competition Law Proceedings." Antitrust Bulletin, September 29, 2024. http://dx.doi.org/10.1177/0003603x241283975.

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In response to the emergence of large online platforms whose business model revolves around the collection and processing of personal data, it is usually suggested that competition and data protection are synergistic, hence requiring an integrated approach. In this respect, Europe represents the testing ground for evaluating how privacy breaches may inform antitrust investigations. Indeed, the General Data Protection Regulation (GDPR) on the one side and the German Facebook antitrust decision on the other side are considered the benchmarks of this new stance aimed at linking market power and d

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Heermann, Peter W. "Will the football agents’ service fee cap survive the current legal attacks?" International Sports Law Journal, September 3, 2024. http://dx.doi.org/10.1007/s40318-024-00279-4.

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AbstractThe Fédération Internationale de Football Association (FIFA) has set a service fee cap for football agents in its new FIFA Football Agent Regulations (FFAR). The respective regulations came into force on 1 October 2023. The article examines the question—in the negative—of whether this service fee cap is compatible with EU antitrust law. Following an overview of the relevant case law of various German state courts and the Court of Arbitration for Sport (CAS), the legal issues associated with the initial problem are analysed in detail.

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Eckel, Philipp. "Rechtsvergleichende Einordnung von Preisschirmeffekten (Umbrella Pricing) in das Kartellschadensersatzrecht." Kölner Schrift zum Wirtschaftsrecht 6, no. 4 (2015). http://dx.doi.org/10.9785/kszw-2015-0407.

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Der Beitrag gibt einen Überblick über die Frage der schadensersatzrechtlichen Ersetzbarkeit von Preisschirmschäden nach der Entscheidung des EuGH in der Rs. „Kone“ und würdigt kritisch die Reaktionen in der deutsch- und englischsprachigen Literatur auf das Urteil, indem u.a. das Erfordernis eines zweigliedrigen Zurechnungstatbestandes mit einer doppelten Vermutungsregel betont und die Behandlung der Kronzeugenregelungen durch den Gerichtshof abgelehnt werden. Rechtsvergleichend wird aufgezeigt, dass einige Erfahrungswerte aus Rechtsprechung und Literatur zum US-amerikanischen Antitrust Law auc

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Brook, Or. "Do EU and U.K. Antitrust “Bite”?: A Hard Look at “Soft” Enforcement and Negotiated Penalty Settlements." Antitrust Bulletin, July 13, 2023. http://dx.doi.org/10.1177/0003603x231180245.

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EU and U.K. antitrust are contingent upon rigorous enforcement and the imposition of sanctions. Hard enforcement is key; antitrust loses its effect when it does not “bite.” Soft instruments (non-adversarial, informal) and negotiated penalty settlements may be used, but authorities are expected to exercise self-restraint. This article reveals that despite the prevalence of hard-enforcement rhetoric, the vast majority of actions taken by the European Commission (1958–2021) and German, Dutch, and U.K. antitrust authorities (2004–2021) were not fully adversarial. The hard-enforcement actions, more

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Buxbaum, Hannah L. "German Legal Culture and the Globalization of Competition Law: A Historical Perspective on the Expansion of Private Antitrust Enforcement." Issues in Legal Scholarship 6, no. 2 (2006). http://dx.doi.org/10.2202/1539-8323.1084.

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