Digital is trump! – Market definition and new dominance criteria for digital markets

New German competition law: Germany takes a pioneering role in adapting its competition law to the digital economy (Part 2)

On 9 June 2017, the 9th amendment of the German Act Against Restraints of Competition (ARC) entered into effect introducing important amendments for companies to German competition law (please see the highlights of the 9th amendment of the ARC here). The reform deals with two main issues: the implementation of the European Cartel Damages Actions Directive (for a comprehensive coverage of the various new regulations, please see here) and the adaption of German competition law to the challenges of the digital economy.

The new provisions amongst others deal with merger control, the handling of “free” services, e.g. social media, and companies with the assessment of market power, in particular in the digital industry. This reform is likely to shape the competition law practice in Germany and Europe over the next years.

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