Digital competition law update from Germany: Franco-German report on algorithms and competition law, and draft German law on Digitalisation of German Competition Law

Competition law/algorithms has been a hot topic of debate amongst practitioners and enforcers for a while, and now two of Europe’s top antitrust enforcers, the Autorité de la Concurrence and the Bundeskartellamt, have joined forces to analyse and publish a report on the potential competition law risks relating to pricing algorithms and their potential contribution … Read more

Queen’s Speech 2019: competition law and FDI implications

On 14 October 2019 the Government’s legislative agenda for the next parliamentary session was set out in the Queen’s Speech, accompanied by detailed background briefing notes. We have summarised below the key takeaways in terms of implications for the UK competition law regime and the plans for a new standalone foreign direct investment regime. Competition … Read more

A New Competition Framework for the Digital Economy? Report by the German Commission Competition Law 4.0

On 9 September 2019, the German “Commission Competition Law 4.0” (Commission) submitted its report “A New Competition Framework for the Digital Economy” (English summary available here) to the Minister of Economic Affairs and Energy. The Commission was set up by the minister in September 2018 and mandated with developing recommendations for the further development of European … Read more

German FCO’s landmark Facebook decision suspended on appeal

On 26 August 2019, the Düsseldorf Higher Regional Court (DHRC) granted a temporary injunction suspending the German Federal Cartel Office’s (FCO’s) landmark abuse of dominance decision against Facebook, pending final determination of the company’s appeal. In an important judgment with potential ramifications for the enforcement of competition law in the digital economy well beyond the … Read more

ACCC’S GAME CHANGING DIGITAL PLATFORMS FINAL REPORT: 5 THINGS YOU NEED TO KNOW

The ACCC is at the forefront of the global debate on the implications and consequences of digital platforms for competition and consumers. In its final report, the ACCC has approached the challenges and opportunities presented by digital platforms by adopting a holistic approach that takes account of the close links between competition, consumer and privacy … Read more

European Commission publishes special advisors’ report on competition policy for the digital era

On 4 April 2019 the European Commission (“EC“) published an in-depth report on “Competition policy for the digital era” (the “Report“). Competition Commissioner Margrethe Vestager appointed a panel of three special advisers to prepare the Report (see EC press release here), which is intended to contribute to the EC’s ongoing deliberations regarding how competition policy … Read more

German FCO forces Facebook to change its Data Collection Policy

On 7 February 2019, after almost three years of investigation, Germany’s Federal Cartel Office (“FCO“) issued its long awaited decision on Facebook’s data collection practices. The FCO found that Facebook has a dominant position on the German market for social networks, and abused this position by making use of the Facebook social network conditional upon … Read more