PRINCIPLE OF EFFECTIVENESS IN ANTITRUST LAW: KEY FINDINGS FOR GERMAN COMPANIES
18.07.24
PRINCIPLE OF EFFECTIVENESS IN ANTITRUST LAW: KEY FINDINGS FOR GERMAN COMPANIES
The principle of effectiveness in EU law requires that the full effectiveness and practical implementation of EU regulations must be guaranteed.
For the assertion of antitrust damages claims in civil proceedings, this means that national regulations and procedures must not make it practically impossible or excessively difficult to enforce EU rights.
An interesting example: In Austria, Section 39 (2) KartG 2005 only allows access to procedural files with the consent of the parties - a provision that the ECJ has classified as incompatible with the principle of effectiveness.
WHY IS THIS IMPORTANT FOR GERMAN COMPANIES? In implementing the Cartel Damages Directive, the German ARC also offers information rights that go far beyond the previous German rules (DISCOVERY LIGHT). The civil courts have not yet found a uniform interpretation of this right. The handling of access to files in Austria could point the way forward for similar cases in Germany.
In our article, you will find out how Austrian courts currently deal with access to documents and the principle of effectiveness and what lessons German companies can learn from this. A must-read for anyone working in international competition law.
BGH VS. GOOGLE: NEW DEVELOPMENTS IN THE PROTECTION OF TRADE SECRETS
18.03.24
BGH VS. GOOGLE: NEW DEVELOPMENTS IN THE PROTECTION OF TRADE SECRETS
A groundbreaking moment in antitrust law, illuminated by our expert: Prof. Dr. Ulrich Schnelle shares his insights in a brand new article on the recent Federal Court of Justice decision. Find out how the BGH determined the protection of trade and business secrets in the case against Google and what impact this has on the digital business landscape.
A must-read for anyone who wants to understand how competition and secrecy are balanced in the era of digitalization. Read here....
EU antitrust law changes and green innovation: sustainable cooperations are not automatically exempt from competition restrictions
18.03.24
EU ANTITRUST LAW CHANGES: SUSTAINABLE COOPERATION NOT AUTOMATICALLY FREE OF ANTITRUST LAW
The European Commission has changed the rules of the game with the new Chapter 9 in the Horizontal Guidelines on cooperation between competitors in pursuit of sustainable objectives. Find out how the latest changes in EU antitrust law could affect your sustainable business practices. This in-depth article provides an overview of the new rules and guidance on how to minimize compliance risks while effectively pursuing sustainability goals. Read here....