Abuse Proceedings Against Digital Gatekeepers under Section 19a of the German Competition Act: Taking Stock of Early Results

Abstract

This paper focuses on the first results of abuse proceedings conducted by the Bundeskartellamt under section 19a of the German Competition Act. After recalling key distinguishing features of the 19a tool, three cases are presented, one of which resulted in a commitment decision (Google Data Proceedings) and two of which were closed informally, either in full (Google News Showcase) or in part (Meta VR Glasses), after the gatekeepers concerned changed their behaviour or agreed to do so. Following on from this, a key focus is on the institutional factors that appear to be essential for the emerging practical effectiveness of the 19a tool.

Keywords: antitrust law, digital gatekeepers, big tech, digital platforms, DMA

JEL Classification: K21