German Draft Competition Law Amendment Includes Far Reaching Remedial Powers Absent Actual Infringements | Latham & Watkins LLP

Under the draft law, the FCO could impose behavioural and structural remedies following a sector inquiry without finding an infringement of German or EU competition law.

The German Federal Ministry for Economic Affairs and Climate Action (Bundeswirtschaftsministerium (BMWK)) has published a draft law that would grant the Federal Cartel Office (FCO) broad and unprecedented powers to remedy perceived “disruptions” of competition (including divestiture orders). Separately, the proposal would substantially facilitate the disgorgement of revenues affected by a competition infringement and private actions for violations of the EU Digital Markets Act (DMA).

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