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Client Briefing

Major Developments in German Competition Law in January-July 2021

Client Briefing Competition Law -  30.07.2021

The effects of the 10th Amendment to the Act Against Restraints of Competition, which has been in force since mid-January 2021, are already becoming apparent. In contrast, the Corona pandemic no longer seems to be slowing down the FCO’s and the German courts’ drive for activity in the field of antitrust law. We report on the most important developments.

Important Changes brought about by the 10th Amendment to the German Competition Act

Client Briefing Competition Law -  11.02.2021

After several delays in the legislative process, the 10th Amendment to the Act Against Restraints of Competition, the so-called ARC Digitization Act, came into force on 19 January 2021. In the process, there were some last-minute changes of considerable practical relevance that were not included in the previously published drafts. This newsletter provides an overview of the most important changes... >>>

FDI in Germany: Proposed Legislative changes broaden Scope of German Foreign Investment Control yet again

Client Briefing Competition Law Mergers & Acquisitions -  09.02.2021

Over the course of less than a year, the German rules on foreign investment control underwent a series of far-reaching changes, which fundamentally altered the role of FDI review for M&A transactions in Germany and led to a record number of deals notified to the Federal Ministry of Economics and Energy ("BMWi") in 2020.

Major Developments in German Competition Law in the second half of 2020

Client Briefing Competition Law -  31.01.2021

The second half of 2020 saw important developments in German competition law. Particularly noteworthy are groundbreaking court decisions on administrative and directors’ liability in the context of cartel proceedings, as well as a number of judgments handed down by the Federal Court of Justice on central questions of follow-on cartel damage litigation. In addition, the 10th amendment to the Act... >>>

The impact of Brexit on cross-border disputes

Client Briefing Litigation & Arbitration -  20.01.2021

The EU-UK Trade and Cooperation Agreement, hastily put into force on 01 January 2021 to avoid a “no-deal Brexit”, omits a key area of commercial law – applicable law and international civil procedure. The harmonised rules of the European Union have now been replaced with a volatile mix of national, European, and international law. This generates a host of complex legal questions for cross-border... >>>

New European Directive on Class Actions

Client Briefing Litigation & Arbitration -  09.12.2020

On 24 November 2020, the European Parliament endorsed Directive (EU) 2020/1828 on representative actions for the protection of the collective interests of consumers. The Directive, which establishes common rules on class actions for all EU Member States, is designed to strengthen the protection of consumers enforcing their rights against companies. To this end, certain qualified entities (such as... >>>

Investment Control in Germany: Current developments and regulations

Client Briefing Competition Law Mergers & Acquisitions -  01.12.2020

Rules on foreign investment have long been the subject of considerable discussion and public interest in Germany. The Siemens/Alstom merger, which was ultimately blocked by the European Commission, and the perceived role of the German government in the aborted Deutsche Bank/Commerzbank merger are vivid recent examples of this development. The German Federal Minister for Economic Affairs and Energy... >>>

English-speaking Commercial Courts open in Mannheim and Stuttgart

Client Briefing Litigation & Arbitration -  17.11.2020

On 1 November 2020, English-speaking Commercial Courts opened for business in Mannheim and Stuttgart as part of a general drive to increase the Germany’s attractiveness as a hub for international dispute resolution. The new Commercial Courts are intended to provide an alternative to both arbitration and to the national courts of other jurisdictions, particularly as regards high-value commercial... >>>

Major Developments in German Competition Law in January-July 2020

Client Briefing Competition Law -  31.07.2020

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.

Court of Justice of the European Union invalidates the EU/US "Privacy Shield"-regime – Transfer of personal data from EU to US now only possible subject to narrow conditions

Client Briefing Data Protection Law -  17.07.2020

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... >>>

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