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

Chirita, Anca Daniela

doi:10.5235/ecj.v4n2.415

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

Chirita, Anca Daniela

Authors

Dr Anca Chirita a.d.chirita@durham.ac.uk
Associate Professor

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.

Citation

Chirita, A. D. (2008). The Analysis of Market Dominance and Restrictive Practices under German Antitrust Law in Light of EC Antitrust Law. European Competition Journal, 4(2), 415-441. https://doi.org/10.5235/ecj.v4n2.415

Journal Article Type	Article
Publication Date	Dec 1, 2008
Deposit Date	Sep 7, 2011
Publicly Available Date	May 9, 2012
Journal	European Competition Journal
Print ISSN	1744-1056
Publisher	Taylor and Francis Group
Peer Reviewed	Peer Reviewed
Volume	4
Issue	2
Pages	415-441
DOI	https://doi.org/10.5235/ecj.v4n2.415
Keywords	German antitrust law, EC Law, Harmonisation.