ABSTRACT

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German Competition Law: The Silent Revolutions of the Summer 2005

Author: Pauline LE MORE

Type: Free Article : News

ref: 52005651-660

N0:5 of 2005

Pages: 651-660

Description:

On 1st July 2005, the 7th Amendment of the German Law against Restraints of Competition entered into force. This led to a substantial transformation of German competition law under the impetus of both the European and German legislators.

The first part of the reform concerns the necessary adjustment of German law to European antitrust law, as stipulated by Regulation (EC) 1/2003.

The second part of the reform – the most innovating – aims at stimulating private actions in Germany, defined as law suits taken by victims of anticompetitive behaviours on the basis of violations of Articles 81 or 82 EC or equivalent national provisions. For that purpose, the provisions concerning claimants, damage and proceedings tend to facilitate actions, while a principle of recognition of European competition authorities’ decisions is established.

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