The Bundestag has decided on additional powers for the Cartel Office in the fight against encrusted market structures. With the votes of the traffic light coalition of SPD, Greens and FDP, the amendment to the competition law was approved on Thursday evening. The Left also voted in favor, while the CDU/CSU and AfD voted against. According to the Federal Ministry of Economics, it is the largest reform in this area in decades. The Bonn Cartel Office should thus be able to act more effectively against the market power of corporations.
In the future, the authority should also look specifically at disruptions in markets, not just at individual companies. Skimming off benefits resulting from antitrust violations is also made easier. With better handling, profits should be withdrawn again here. In extreme cases, corporations should also be able to be broken up.
Critics speak of a radical change of course and a blank check for the cartel office. The FDP emphasized that there will be a suspensive effect in the event of objections to measures taken by the Cartel Office. Any intervention in the market can first be reviewed by a court. “In addition, the importance and behavior of a company in a market is a condition for competition interventions by the Cartel Office,” said FDP politician Lukas Koehler recently. Sven Giegold, State Secretary in the Greens-led Ministry of Economic Affairs, said that the cartel office could now ultimately create functioning competition itself. This is particularly important in difficult markets with only a few providers. “More intense competition has a price-lowering effect and increases product quality and innovation.” In the end, all consumers benefited from this.
The German Chamber of Industry and Commerce spoke of a special way outside of the EU requirements and far-reaching powers. “In the future, companies active in Germany will have to expect serious interventions by the Federal Cartel Office, such as behavioral requirements and price fixing, even if they behave completely lawfully,” criticized DIHK chief legal officer Stephan Wernicke.