Client Briefing

Also in competition law the first half of 2020 was dominated by the coronavirus, which lead to legislative as well as procedural measures. In addition, the newsletter deals with further exciting developments in German competition law, above all the spectacular decisions in the Facebook and Rail Cartel cases, which will bring about interesting legal developments.

Update “Schrems II”/EU-US Privacy Shield: German media reported that the European Court of Justice clearly expects its “Schrems II”-ruling to be followed by data protection authorities with immediate effect. Thus, companies cannot expect an extended transitional (grace) period and need to immediately review the data flow into Non-EU countries. In an updated client briefing (available in English... >>>

The German foreign direct investment regime has historically been regarded as market-liberal. Following a series of earlier changes in 2017 and 2018, with a legislative bill for the amendment of the German Foreign Trade Act (Außenwirtschaftsgesetz) put forward by German government in early April 2020, this conclusion may now be (more) difficult to support. Formally on the background of the... >>>

The COVID-19 pandemic has reached the real estate industry. In the week before April 1, 2020, many companies announced that they would not pay rent due to the effects of the COVID-19 pandemic. Other companies requested deferral or reduction of rent due to the im-pact of the COVID-19 pandemic. Many lessees also raised the question of whether the closing down of shops and restaurants by authorities... >>>

The Covid-19 pandemic also has a significant impact in the areas of competition law and State aid. In the current crisis, companies may find it necessary to cooperate or merge with other market participants, to exchange information with competitors (possibly within the framework of associations), to control the resale of products by customers or to take advantage of State aid. This client... >>>

The current developments around the corona virus raise questions of how to deal with court deadlines. In addition to the obvious possibilities of extending and postponing deadlines, the related but more general question about how to design proceedings in the event of crises is coming into focus. This client information first discusses the legal situation regarding court deadlines during... >>>

The second half of 2019 saw a wealth of interesting developments in German competition law, which are summarized in this newsletter. In addition, the newsletter discusses the most important changes suggested in the draft legislation to amend the Act against Restraints of Competition.

Two decisions of the Higher Regional Court of Düsseldorf concerning merger control in the area of ticketing system services are worth mentioning:  On 5 December 2018, the court confirmed the prohibition decision of the Federal Cartel Office ("FCO") in the CTS/Four Artists case (see our Newsletter 1/2018). This is the first court decision on merger control in multi-sided markets and the... >>>

In recent the weeks, the European legislator has launched a directive amendment for the use of digital tools and processes in company law. After the European Council and the European Parliament reached an agreement on 5 February 2019, the European Parliament adopted a respective directive on 18 April 2019. The Council's approval is pending, but is a mere formality. Implementation into German law... >>>

Merger Control: - FCO Proceedings - Federal Supreme Court on Gun Jumping - Common Shareholdings - Foreign Investment Control Cartels: - Parallelism of Sec. 1 ARC and Art. 101 TFEU - Continuation of the Coty Saga - Proceedings re Sausages and Special Steel - Turmoil in the Print Media Industry Private Enforcement: - Landmark Ruling on Prima Facie Evidence - Claimant-friendly... >>>