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

European Competition Journal, Vol. 4, No. 2, pp. 415-442, 2008

27 Pages Posted: 18 Dec 2010 Last revised: 15 Dec 2014

Date Written: December 1, 2008

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

Suggested Citation

Chirita, Anca D., The Analysis of Market Dominance and Restrictive Practices under German Antitrust Law in Light of EC Antitrust Law (December 1, 2008). European Competition Journal, Vol. 4, No. 2, pp. 415-442, 2008. Available at SSRN: https://ssrn.com/abstract=1726384

Anca D. Chirita (Contact Author)

Durham University - Law School ( email )

Stockton Road
The Palatine Centre
Durham, County Durham DH1 3LE
United Kingdom
00441913342860 (Phone)
0044191 33 42801 (Fax)

HOME PAGE: http://www.dur.ac.uk/law/staff/?id=9664

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