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Jan Kresken

Jan Kresken ist Counsel bei Baker & McKenzie Partnerschaft von Rechtsanwälten und Steuerberatern mbB

The 10th amendment to the German Act against Restraints of Competition (“ARC”) – the “ARC Digitalization Act” – has taken effect on 19 January 2021.

The amendment is a substantive overhaul of the German competition regime, especially concerning abuse of dominance and merger control rules. The German Federal Cartel Office (“FCO”) receives a new tool addressing perceived concerns regarding “digital giants” and platforms. Jurisdictional merger control thresholds are raised, eliminating filing requirements for many mid-cap transactions and reducing the workload for companies and the FCO. At the same time, the FCO can use a new tool allowing the review of certain transactions below the merger control thresholds. Finally, for the first time, companies having infringed competition law can benefit from preventive measures: Under the new law, the FCO needs to evaluate an existing compliance system and might need to reduce the fine.