englischIn the present work, the author examines the question of whether management contracts can be used in the context of the unbundling of vertically integrated energy utilities, in particular at the distribution system level.

So far, the so-called “lease solution” has been favoured. The use of a [...]

englischThe dissertation aims to fit the protection of fashion designs against design copying into a tailored system. The status quo of the protection of fashion designs against design copying is analysed according to German, English, Japanese and US-American Law. Fashion designs can principally be [...]

englischInnovation is the origin of technical and thus economic progress. It is regularly the upstream research and development activity that generates innovation. It is therefore important for competition authorities to include R&D in the competitive investigation and to consider the long-term [...]

englischThe fairness test under article 315 of the German Civil Code (BGB) applying on energy prices is commonly regarded as a supplement or correction to competition or regulatory law. The purpose of the study is to find out whether the fairness test may be considered as a third pillar of price [...]

englischThe ministerial authorisation under Section 42 GWB has always been a controversial legal instrument, which permits an intended merger despite competitive restraints in exceptional cases. The underlying precondition requires these restraints to be offset by the macroeconomic advantages of the [...]

englischIn order to promote investments in very high capacity networks, Articles 76, 79 of Directive (EU) 2018/1972 require the national regulatory authorities not to impose obligations for an undertaking designated as having significant market power if they engage in the joint deployment of [...]

englischImplementing Art. 28 of European Directives 2009/72/EG and 2009/73/EG into national law, the German legislator has replaced the old regulation concerning so-called “Objektnetze” with a new provision. This new provision in § 110 EnWG provides for exemptions from regulatory law for “closed [...]

englischThis thesis analyses the legal stipulations regarding costs in the regulation of electricity grid charges according to the Energy Industry Act (EnwG), the Electricity Grid Charges Ordinance (StromNEV) and the Incentive Regulation Ordinance (ARegV). It focuses on the efficiency cost criteria [...]

englischThe current German law mandates data sharing only under narrow conditions. The increasing spread of "data-hungry" AI systems is prompting demands for data sharing obligations in other circumstances, directed in particular towards companies in the digital economy.

This study questions whether [...]

englischCartel members are jointly and severally liable for damages. This statement raises several questions: Who is jointly and severally liable as addressee of the damages claim stipulated in Section 33 of the German Act against Restraints of Competition? Is there a claim for contribution amongst [...]