Details
| Original language | English |
|---|---|
| Title of host publication | Studies in European Economic Law and Regulation |
| Publisher | Springer Science and Business Media B.V. |
| Pages | 195-220 |
| Number of pages | 26 |
| Publication status | Published - 5 Jan 2017 |
Publication series
| Name | Studies in European Economic Law and Regulation |
|---|---|
| Volume | 9 |
| ISSN (Print) | 2214-2037 |
| ISSN (electronic) | 2214-2045 |
Abstract
This chapter addresses the uniform application of Articles 101 and 102 TFEU in the context of German competition law. The Eighth Amendment to the German Act against Restrictions of Competition (“GWB”) has brought about a certain approximation to European competition law, waiving national particularities to implement European elements. However, some German traditions and specificities have remained. The intermediate status of European unification gives reason to examine the degree of the harmonization of German competition law with regard to the decentralized application of Articles 101 and 102 TFEU. The investigation provided shall not be limited to substantive and procedural aspects of Articles 101 and 102 TFEU, but rather includes issues related to merger control, to the economic activity of the public sector, and to private enforcement. The present synopsis may suggest some further need for harmonization by the upcoming Ninth Amendment to the GWB with its purpose to ensure an effective and uniform application of Articles 101 and 102 TFEU even more. This notion especially applies to judicial competition proceedings, which fall far short of the requirements as applicable in European judicial practice. In this respect, the view is supported that a criminalization of German competition law would contradict European legal requirements. Moreover, certain aspects of German merger control appear to contrast with the practice of the European Commission. The contribution concludes with some comments on the economic activity of the public sector and private enforcement with regard to the more recently introduced Directive on antitrust damages actions.
Keywords
- Competition Authority, General Clause, Market Dominance, Merger Control, Private Enforcement
ASJC Scopus subject areas
- Social Sciences(all)
- Law
Cite this
- Standard
- Harvard
- Apa
- Vancouver
- BibTeX
- RIS
Studies in European Economic Law and Regulation. Springer Science and Business Media B.V., 2017. p. 195-220 (Studies in European Economic Law and Regulation; Vol. 9).
Research output: Chapter in book/report/conference proceeding › Contribution to book/anthology › Research › peer review
}
TY - CHAP
T1 - The Uniform Application of Articles 101 and 102 TFEU in German Competition Law
AU - Oppermann, Bernd
AU - Chmeis, Ahmad
PY - 2017/1/5
Y1 - 2017/1/5
N2 - This chapter addresses the uniform application of Articles 101 and 102 TFEU in the context of German competition law. The Eighth Amendment to the German Act against Restrictions of Competition (“GWB”) has brought about a certain approximation to European competition law, waiving national particularities to implement European elements. However, some German traditions and specificities have remained. The intermediate status of European unification gives reason to examine the degree of the harmonization of German competition law with regard to the decentralized application of Articles 101 and 102 TFEU. The investigation provided shall not be limited to substantive and procedural aspects of Articles 101 and 102 TFEU, but rather includes issues related to merger control, to the economic activity of the public sector, and to private enforcement. The present synopsis may suggest some further need for harmonization by the upcoming Ninth Amendment to the GWB with its purpose to ensure an effective and uniform application of Articles 101 and 102 TFEU even more. This notion especially applies to judicial competition proceedings, which fall far short of the requirements as applicable in European judicial practice. In this respect, the view is supported that a criminalization of German competition law would contradict European legal requirements. Moreover, certain aspects of German merger control appear to contrast with the practice of the European Commission. The contribution concludes with some comments on the economic activity of the public sector and private enforcement with regard to the more recently introduced Directive on antitrust damages actions.
AB - This chapter addresses the uniform application of Articles 101 and 102 TFEU in the context of German competition law. The Eighth Amendment to the German Act against Restrictions of Competition (“GWB”) has brought about a certain approximation to European competition law, waiving national particularities to implement European elements. However, some German traditions and specificities have remained. The intermediate status of European unification gives reason to examine the degree of the harmonization of German competition law with regard to the decentralized application of Articles 101 and 102 TFEU. The investigation provided shall not be limited to substantive and procedural aspects of Articles 101 and 102 TFEU, but rather includes issues related to merger control, to the economic activity of the public sector, and to private enforcement. The present synopsis may suggest some further need for harmonization by the upcoming Ninth Amendment to the GWB with its purpose to ensure an effective and uniform application of Articles 101 and 102 TFEU even more. This notion especially applies to judicial competition proceedings, which fall far short of the requirements as applicable in European judicial practice. In this respect, the view is supported that a criminalization of German competition law would contradict European legal requirements. Moreover, certain aspects of German merger control appear to contrast with the practice of the European Commission. The contribution concludes with some comments on the economic activity of the public sector and private enforcement with regard to the more recently introduced Directive on antitrust damages actions.
KW - Competition Authority
KW - General Clause
KW - Market Dominance
KW - Merger Control
KW - Private Enforcement
UR - http://www.scopus.com/inward/record.url?scp=85167515981&partnerID=8YFLogxK
U2 - 10.1007/978-3-319-47382-6_11
DO - 10.1007/978-3-319-47382-6_11
M3 - Contribution to book/anthology
AN - SCOPUS:85167515981
T3 - Studies in European Economic Law and Regulation
SP - 195
EP - 220
BT - Studies in European Economic Law and Regulation
PB - Springer Science and Business Media B.V.
ER -