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

Author

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  • Jens-Uwe Franck
  • Martin Peitz

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.

Suggested Citation

  • Jens-Uwe Franck & Martin Peitz, 2021. "Digital Platforms and the New 19a Tool in the German Competition Act," CRC TR 224 Discussion Paper Series crctr224_2021_297, University of Bonn and University of Mannheim, Germany.
    • Handle: RePEc:bon:boncrc:crctr224_2021_297
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    File URL: https://www.crctr224.de/research/discussion-papers/archive/dp297
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    Citations

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    Cited by:

    1. Amelia Fletcher, 2023. "International pro-competition regulation of digital platforms: healthy experimentation or dangerous fragmentation?," Oxford Review of Economic Policy, Oxford University Press and Oxford Review of Economic Policy Limited, vol. 39(1), pages 12-33.
    2. Krämer, Julia, 2024. "The death of privacy policies: How app stores shape GDPR compliance of apps," Internet Policy Review: Journal on Internet Regulation, Alexander von Humboldt Institute for Internet and Society (HIIG), Berlin, vol. 13(2), pages 1-38.
    3. Budzinski, Oliver, 2021. "Europäische Regulierung digitaler Dienste: Eine kritische Würdigung der Entwürfe DMA & DSA aus medienökonomischer Perspektive," Ilmenau Economics Discussion Papers 158, Ilmenau University of Technology, Institute of Economics.
    4. Podszun Rupprecht, 2023. "From Competition Law to Platform Regulation – Regulatory Choices for the Digital Markets Act," Economics - The Open-Access, Open-Assessment Journal, De Gruyter, vol. 17(1), pages 1-13, January.

    More about this item

    Keywords

    competition law; abuse of market power; digital platforms; gatekeeper; Big Tech;
    All these keywords.

    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law

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