On sausages and Facebook/WhatsApp – Germany reforms its antitrust act (part 2 of 2)

fb-wapp

Guest post by Rupprecht Podszun, professor of Civil Law, German and European Competition Law at the University of Düsseldorf *

The German legislator currently amends the competition code so as to update it for the digital economy. This is a pioneering step. After having examined part of the proposed amendments yesterday (see here), this post will describe the new rules for the digital economy.

New rules for the digital economy

The implementation of the directive and the closing of the sausage gap coincided with a heated debate in German media on the power of internet companies, these Voldemorts from the Silicon Valley. Vice-Chancellor Sigmar Gabriel and the head of the influential German media house Axel Springer, Mathias Döpfner, led the campaign against Google & Co. And so, Gabriel’s ministry came up with new rules for the digital economy. Continue reading “On sausages and Facebook/WhatsApp – Germany reforms its antitrust act (part 2 of 2)”

On sausages and Facebook/WhatsApp – Germany reforms its antitrust act (part 1 of 2)

haus1
©Bundeskartellamt


Guest post by Rupprecht Podszun,
professor of Civil Law, German and European Competition Law at the University of Düsseldorf *

The German legislator currently amends the antitrust act so as to update it for the digital economy. This is a pioneering step. This post will deal with some of the proposed amendments, while the next post (see here) will describe the new rules for the digital economy.

All EU Member States are working on a change of their competition law statutes, and actually should have completed that work by December 27, 2016. They need to implement the EU directive on antitrust damages claims (2014/104/EU) which aims at facilitating damage claims for victims of cartels and other anti-competitive practices that violate Art. 101 and 102 TFEU. At present, a mere handful of Member States has communicated success in amending their laws (see here). Continue reading “On sausages and Facebook/WhatsApp – Germany reforms its antitrust act (part 1 of 2)”

The lords of law – Veit Stoll (MSD)

veit

TrustinIP inaugurates a series of interviews to lawyers that stand apart for their excellent skills. We will ask these “lords of law” to express their view on legal issues and personal opinions, hoping to give our readers some enjoyable minutes. We start with Veit Stoll, Director Legal Affairs & Compliance for MSD Germany, Austria and Switzerland.

Good morning Mr. Stoll. What’s the weather like today in Munich?

Pretty fair. Partly sunny and some degrees Celsius above zero.

Today you are a renowned lawyer. What led you into studying law? As a school student, did you wish to become a lawyer?

Yes. Always wanted to be independent and have a broad education as basis for a variety of career choices. Continue reading “The lords of law – Veit Stoll (MSD)”

Measures for preserving evidence – different requirements in UK/Germany/France/UPC and their implications

private-no-entry

In some patent infringement cases, relevant evidence lies in the control of the alleged infringer or a third party. It may be that the patent holder cannot get access to the evidence or that the evidence may be conveniently manipulated before it is disclosed. In these kind of situations, the patent holder can potentially rely on a court to order measures for preserving evidence, which may include compulsorily entering premises, inspecting the allegedly infringing goods or process, making detailed description or even physical seizure of relevant objects or documents. To achieve a surprise effect, the court order should usually be issued ex parte.

Continue reading “Measures for preserving evidence – different requirements in UK/Germany/France/UPC and their implications”