The Federal Ministry for Economic Affairs has drawn up a draft of the GWB Digitalisation Act.1 During the legislative process, the focus should be on ensuring that German abuse law is not developed in a way that conflicts with EU law, and on avoiding ill-conceived regulation of digital markets. Furthermore, the relationship between ex post abuse control and ex ante merger control must be taken into account. The planned increase in the thresholds for intervention must not lead to a reduction in the intensity of scrutiny on regional markets.
At a glance
The draft bill for a GWB Digitalisation Act provides for further adjustments to competition law in light of the specific characteristics of the digital economy.
- The new types of abuse offences for undertakings of outstanding cross-market significance should not be introduced hastily.
- In cases of exploitative abuse, there should continue to be a causal link between a dominant position and abusive conduct.
- Undertakings subject to proceedings should be subject to a stronger legal obligation to cooperate, insofar as effective enforcement by the competition authorities cannot otherwise be guaranteed.
- Any increase in the thresholds for merger control and the associated reduction in competition protection should be accompanied by a targeted increase in the intensity of scrutiny in regional markets.
