On June 4, 2019, the Düsseldorf Court of Appeals lifted the Bundeskartellamt’s prohibition decision of Booking.com’s “narrow” best price (or most favored nations, MFN) clauses in Germany. The court found that these clauses were necessary to ensure a “fair and balanced exchange of services between portal and hotels”. The decision may have a significant impact on the assessment of best price clauses by digital platforms in Germany. Silke Heinz wrote a post on Kluwer Competition Law Blog on the decision, see here.
- Competition law compliance and digitization
- New publication: Knott/Zagrosek, The Company as Perpetrator – Compliance and M&A under the Planned German Corporate Criminal Sanctions Code (November 19, 2019).
- Amazon EU antitrust proceedings
- German Supreme Court quashed Higher Regional Court of Düsseldorf’s judgement that had sextupled Rossmann’s Federal Cartel Office cartel fine
- Bundeskartellamt’s settlement with Amazon in abuse of dominance proceedings