Overview of Vertical Agreements and Market Dominance in Germany

22.06.2017

Noerr lawyers Peter Stauber and Robert Pahlen have authored the chapter on Germany in the first edition of the International Comparative Legal Guide to: Vertical Agreements and Dominant Firms 2017, providing a comprehensive overview of the legal situation and recent developments in these important areas of German antitrust law.

The chapter comprises of a general section on the enforcement of competition law in Germany, i.e. an overview of the competent authorities, their scope of investigative powers as well as, inter alia, sector-specific provisions, safe harbours, existing leniency programs and settlement procedures.

A further section illuminates the German competition authorities’ current attitude and enforcement practice concerning vertical agreements, the role of economic analysis and efficiency arguments as well as the interconnection between the regulatory framework on European level and German statutory law. For example, this section discusses current “hot topics” in vertical agreements such as exclusivity arrangements, tying, loyalty discounts and MFN clauses (“most favoured nation”).

The third part of the chapter presents the statutory and analytical framework in Germany applicable to market-dominant undertakings which considerably differs from the legal situation on European level as well as other EU member states. As a matter of course, the chapter also details the changes brought about by the 9th Amendment Package to the German Act against Restraints of Competition which entered into force on 9 June 2017.

Apart from Germany, the International Comparative Legal Guide to: Vertical Agreements and Dominant Firms 2017 covers the US, the European Union and its major member states (France, United Kingdom, Italy), the BRICS countries, Japan as well other important jurisdictions such as Australia, Canada, Singapore, Turkey, and South Africa.

Online version of full chapterInternational Comparative Legal Guide to: Vertical Agreements and Dominant Firms 2017

Any Questions? Please Contact: Peter Stauber or Robert Pahlen
Practice Group: Antitrust & Competition