Auf dem Weg zu einer digitalen Wettbewerbsordnung – Reaktionen des deutschen Gesetzgebers

Germany changed the Act against Restraints of Competition in 2017, partly in order to give a regulatory answer to the changes of the digital economy. The legislator answered to multi-sided markets with network effects, data-driven business models and the rise of «super platforms». Reforms related to the definition of market and the criteria for market power. A new merger threshold was introduced to catch cases like Facebook/WhatsApp. While these and other changes do not look revolutionary they still stand for a new conceptual approach in competition law, integrating consumer policy concerns and retaining a normative grip on the economy. The reforms have to be seen in context. Germany had a strong political debate on the power of Google and the like, and the Bundeskartell- amt as the national competition agency had positioned itself as a force to be reckoned with in digital markets. In particular, its Facebook case has stirred a lot of interest. While the first cases are now decided…