The Analysis of Market Dominance and Restrictive Practices under German Antitrust Law in Light of EC Antitrust Law

Abstract

This article analyses key features of the German Act Against Restraints of Competition (section 19), including the more severe provisions of section 20, and aims to discuss the economic freedom of competition approach to the abuse of a dominant market position. Furthermore, the article details with specific examples of abuse in cases heard by the Federal Cartel Office, with particular focus upon predatory pricing, cross-subsidisation, rebates, exclusive contracts, tying and bundling, refusal abuses, hindrance and abuse of economic dependence. Emphasis is placed upon differences in the implementation of antitrust law and upon answering the question of whether more severe rules bring about greater compliance. Finally, the article aims to examine both the differences in substance between German and European antitrust law, and the similarities and potential for convergence and harmonisation of the two.

Keywords: German competition law, Act against Restraints of Competition (GWB), EU competition law, abuse of dominance