Digital Platforms and the New 19a Tool in the German Competition Act

Jens-Uwe Franck and Martin Peitz

CRC TR 224 Discussion Paper Series from University of Bonn and University of Mannheim, Germany

Abstract: In this article we present and critically evaluate the newly introduced section 19a of the German Competition Act. The provision applies to operators of two-sided platforms and networks that the Bundeskartellamt classifies as being of ‘paramount significance for competition across markets’. Using examples of previous abuse cases, we discuss which firms may eventually be the addressees of the new instrument. We analyse the list of prohibitable practices and point to normative uncertainties as regards the assessment of platform activities. We discuss the merits of the abridged judicial review. Finally, we consider the prospect of continuing fragmentation in the legal treatment of digital platforms in the internal market and assess the interaction with the Digital Markets Act as proposed by the European Commission.

Keywords: competition law; abuse of market power; digital platforms; gatekeeper; Big Tech (search for similar items in EconPapers)
JEL-codes: K21 (search for similar items in EconPapers)
Pages: 25
Date: 2021-05
New Economics Papers: this item is included in nep-com, nep-law and nep-pay
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Citations: View citations in EconPapers (4)

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Persistent link: https://EconPapers.repec.org/RePEc:bon:boncrc:crctr224_2021_297

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