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German Competition Law - Important changes in merger control and protection of competition in the digital economy

Effective January 19, 2021, the 10th amendment to the German Act against Restraints on Competition (Gesetz gegen Wettbewerbsbeschränkungen (GWB) - the “ARC”)  entered into force, introducing: 1. Higher domestic merger control thresholds; 2. New rules on prevention and abuse of dominance to protect competition in the Digital Economy; and 3. Incentives for compliance system implementation. The main purpose of the amendment is two-fold: (i) enable and strengthen competition protections in the digital market, and (ii) make German competition law and its enforcement more effective in general. In addition, the ARC now provides further incentives for companies to implement and maintain adequate and effective compliance systems....To read the full article, please see the PDF file

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Europe Newsletter (February 25, 2021) (819 KB / 3 pages) Download PDF [820 KB]

Authors

加藤 由美子

Yumiko KATO

  • Counsel
  • Frankfurt / Düsseldorf

Currently based in Frankfurt, Yumiko has worked on various cross-border transactions and research projects for multinational corporations and governments. Her main practice areas are corporate/M&A, competition/antitrust, and litigation.

In addition to Tokyo, she studied and worked in various cities, including Washington, D.C., New York, London, Düsseldorf, and Frankfurt. Through such experiences, she has developed insights into various legal systems, business practices, and cultural differences, and also built a rich network with local business associations and local counsels. By leveraging such insights, she supports Japanese companies in expanding their business abroad and multinational companies in expanding their business into Japan.

Whereas her main practice area is corporate matters, she is actively engaged in various projects related to sustainability/ESGs. She completed related trainings such as FASID/Ministry of Foreign Affairs’ “International Aid Programme (certificate)” and Oxford’s Saïd Business School’s “Leading Sustainable Corporation Programme (certificate),” and has advised on various pro bono matters for international organizations and NGOs. She has insights into recent developments of legislations related to supply chain due diligence for human rights and the environment.

She has contributed to ESG practice area as well utilizing her experiences advising both public and private sectors