Control of abusive
practices

A company’s economic power is usually limited by comparable offers from rival companies. However, for various reasons, some companies are not exposed to effective competitive pressure. While it is not prohibited to have such a position of power, it is the role of competition authorities to ensure that such market power is not abused.
What are the rules for large digital companies?

kleiner Mann steht neben überdimensional großem Mann, von dem nur Hosenbein und Schuhe zu sehen sind.
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Latest news on this topic

Facebook proceeding concluded

10.10.2024

Microsoft also subject to extended abuse control pursuant to Section 19a GWBBundeskartellamt determines paramount significance across markets

30.09.2024

Bundeskartellamt discontinues proceeding against Bosch

12.09.2024

Further important step in implementing the Bundeskartellamt’s ruling on abusive practices against Deutsche Bahn – mobility platforms gain access to real-time data

15.08.2024

Bundeskartellamt presents its Annual Report for 2023/24

26.06.2024

BMW, Mercedes, Thyssenkrupp and VW can negotiate jointly for the acquisition of certain technology licences

10.06.2024

50+1 rule – Effects of the ECJ’s case law and next steps in the proceeding

29.05.2024

Olympics 2024: Bundeskartellamt secures self-marketing options for Team Germany athletes

20.03.2024

Google Automotive Services proceeding – Market test regarding commitments proposed by Google

20.12.2023

Fines and liability amounts imposed for concluding agreements in the industrial construction sector

14.12.2023

Monitoring Report 2023 published by the Bundesnetzagentur and the Bundeskartellamt

29.11.2023

Bundeskartellamt examines price adjustment clauses in district heating

16.11.2023

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Control of abusive practices

Both German and European competition law prohibit companies from abusing a dominant position. When is a company subject to the control of abusive practices? What practices are abusive and therefore prohibited? What can the Bundeskartellamt do?

Stoppschild mit dunklen Wolken im Hintergrund
Source:Adobe Stock/Rechitan Sorin

Extended abuse control of large digital companies

In 2021, within the framework of the 10th amendment to the German Competition Act (GWB Digitalisation Act), the legislators extended the control of abusive practices to include a new instrument. The new provision under Section 19a GWB is aimed in particular at large digital companies and enables the Bundeskartellamt to take earlier and more effective action against their anti-competitive practices.

Digitalisierte Globus über eine Stadt bei Nacht, um den herum Bilder zu digitalen Themen kreisen
Source:AdobeStock/metamorworks

Control of abusive practices in the context of energy price relief measures

The “traditional” control of abusive practices under competition law should not be confused with the new task assigned to the Bundeskartellamt within the context of the government’s energy price relief measures introduced in 2023. In this context the Bundeskartellamt monitors whether there are companies which fraudulently claim government relief payments.

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Source:zhongguo/E+

Legislation and further information

The legislation and further information on the abuse of market power can be found here ...

Ein aufgeklappter Gesetzestext auf einem Tisch
Source:AdobeStock/Ingo Bartussek

What is the purpose of the control of abusive practices?

The purpose of abuse control is to prevent large, powerful companies from exploiting their economic power to the detriment of others.

What companies are subject to the control of abusive practices?

Dominant companies which are not exposed to any substantial competition or have a paramount market position as well as powerful companies on which other companies are dependent are subject to abuse control.

What kind of conduct is prohibited?

Having a powerful market position is not prohibited per se. However, dominant companies are prohibited from discriminating against, impeding or exploiting other companies.

What can the Bundeskartellamt do?

Abuse proceedings can result in the Bundeskartellamt prohibiting the abusive conduct in question, requiring the companies to act in line with the principles of competition, ordering the companies to pay reimbursements for abusively excessive prices or even imposing fines.