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Andres Martin-Ehlers

Andres Martin-Ehlers is a Counsel in Baker McKenzie, Frankfurt office.

On 5 April 2023, the German Federal Ministry of Economics and Climate Protection published the government draft of the 11th amendment to the Act against Restraints of Competition. Vice Chancellor Robert Habeck described the amendment as “one of the biggest reforms of competition law in recent decades”, which – in the words of Federal Minister of Justice Dr. Marco Buschmann – is intended to give the German Federal Cartel Office more “teeth”

On 22 March 2023, the Belgian Competition Authority published a press release according to which it investigates whether Proximus had abused a dominant position by acquiring edpnet. Although the acquisition did not have to be notified, the BCA feels compelled, with reference to the European Court of Justice’s (ECJ) landmark Towercast judgment, to review the transaction under abuse of the aspect of dominance. The BCA is thus following up on recent considerations regarding more effective control of so-called “killer acquisitions”, i.e., the protection of competition against innovation-inhibiting mergers of large, strong companies with small, innovative competitors, which do not require merger control notification due to the low turnover of the target company.