By Ruprecht Podzsun (D’Kart)
Before today’s decision by the Bundesgerichtshof, the German Federal Supreme Court (BGH) in the Facebook case, we in my team had calculated the chances for the Bundeskartellamt, the national competition agency. Let’s put it this way: I would not have bet anything like a good original ORDO volume that the Bundeskartellamt would win. Reason is: The Düsseldorf Higher Regional Court with its 1st Senate under Jürgen Kühnen had set the bar damn high for the BGH. We had calculated that it would be very difficult to overrule the OLG for two reasons.
But first a reminder for the not so regular readers of this blog: in February 2019, after an investigation lasting about three years, the Bundeskartellamt issued a decision against Facebook that was over 300 pages long. We had reported about it in this blog here and here and here and here. In August 2019, the Cartel Office’s decision was overturned by the Düsseldorf Higher Regional Court in summary proceedings involving the order of suspensive effect – with pithy words for which the 1st Cartel Senate is well known. We reported on this here. This decision was now subject to review by the BGH, still in interim proceedings…
Featured News
T-Mobile’s Acquisition of Ka’ena Corporation Receives FCC Approval
Apr 26, 2024 by
CPI
UK Regulator Announces Two New Senior Executive Appointments
Apr 26, 2024 by
CPI
Paramount Global and Skydance Media Near Merger Deal, Eyeing CEO Change
Apr 26, 2024 by
CPI
BHP Unveils £31bn Mining Megamerger Proposal with Anglo American
Apr 25, 2024 by
nhoch@pymnts.com
ByteDance Prefers Shutdown Over Sale of TikTok Amid US Ban Threats
Apr 25, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Economics of Criminal Antitrust
Apr 19, 2024 by
CPI
Navigating Economic Expert Work in Criminal Antitrust Litigation
Apr 19, 2024 by
CPI
The Increased Importance of Economics in Cartel Cases
Apr 19, 2024 by
CPI
A Law and Economics Analysis of the Antitrust Treatment of Physician Collective Price Agreements
Apr 19, 2024 by
CPI
Information Exchange In Criminal Antitrust Cases: How Economic Testimony Can Tip The Scales
Apr 19, 2024 by
CPI