On 5 January 2022, the Bundeskartellamt delivered its decision that Alphabet/Google is subject to extensive abuse control by the Bundeskartellamt under the newly introduced Article 19a of the German Competition Act (GWB). This provision grants more powers to the competition authority to deal with large digital platforms.

The Bundeskartellamt has decided that Alphabet/Google is of “paramount significance for competition across markets” within the meaning of Article 19a GWB. Based on this decision, the Bundeskartellamt can now prohibit Alphabet/Google from certain specified anti-competitive practices as set out in the new provision. Google has announced it will not appeal the decision or deny its status under Article 19a, though it has also said that it does not necessarily agree with all the facts on which the Bundeskartellamt based its decision.^[1]Press release Bundeskartellamt of 5 January 2022, ‘Alphabet/Google subject to new abuse control applicable to large digital companies – Bundeskartellamt determines “paramount significance … Continue reading