englischIn view of the negative effects of cartels, which can hardly be quantified for those who were harmed by it and the economy, the question of who is liable for the damages incurred is of great importance. Based on the basis for claims for cartel damages under German law (Sec. 33a ARC), which [...]
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englischThe ECJ imposes a responsibility for competition on dominant undertakings. This reasoning allows legal control of a phenomenon in the market that would otherwise be difficult to capture, namely the transfer of market power. Such transfer of market power can occur through refusal to deal, [...]
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englischThe thesis deals with the systematic differences and similarities between civil liability for cartel damages in Germany on one hand and tort liability in the German Civil Code on the other. Differences come to light here, as cartel liability has been increasingly extended by developments at [...]
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englischWith the 10th ARC amendment, the legislator has made significant changes to Sections 81 et seq. ARC, which affect in particular the assessment of fines, but are in part difficult to integrate into the law on fines under competition law and provoke application problems. It is examined how the [...]
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englischPublic antitrust enforcement by the European Commission is considered to be of essential importance for the protection of competition in the internal market. Under the settled case law of the European Court of Justice (ECJ), the Commission has a margin of discretion to set priorities in its [...]
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englischGroup liability and intra group exemption are more often attributed as having a mutual pattern of justification respectively compensation. Accordingly, both aspects are said to be mutually dependent and represent two inseparably linked aspects of the same issue. In practice, this link is [...]
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englischThe European Commission bears the burden of proof for factual requirements regarding the prohibition of cartels under Article 101 (1) TFEU. If the Commission succeeds in proving the elements of this article, the undertakings involved in a cartel are liable to heavy fines. Hence, how [...]
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englischWith the economic unit in European antitrust law, the ECJ has created a way to impute conduct between companies. The culmination of the economic unit represents the almost 100%presumption. In particular due to the extensive interpretation of the economic unit, the question arises as to [...]
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englischWith the 7th amendment to the ARC, the the disgorgement of advantages pursuant to Section 34 ARC was introduced into German law as a supplement to the disgorgement under the law on fines. To date, neither of the two recovery methods has been implemented by the German Federal Cartel Office. [...]
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englischThe European Commission continues to disregard the principle of proportionality as one of the limitations of the recovery order and refers to the consistent decision practice of the European Court of Justice, according to which the recovery of unlawfully granted aid cannot in principle be [...]
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