Following his inauguration, Donald Trump used a speech in Davos in late-January to criticise the European Union imposing fines on major US technology companies. In light of this, the German Bundeslkartellamt\u2019s use of its powers under section 19a of the competition act is likely to prove an interesting topic in the coming months.<\/p>\n\n\n\n
In many key respects, section 19a overlaps closely with the European Commission\u2019s Digital Markets Act, which (along with the General Data Protection Regulation) was a key target for Trump\u2019s ire. However, the German act came into practice almost two years before the Commission\u2019s act and \u2013 depending on who you ask \u2013 section 19a is either a challenge to the effectiveness of the DMA or a sign that the BKA was ahead of the curve in taking competition questions in the technology sector seriously.<\/p>\n\n\n\n
However, whatever your perspective on the interplay between the DMA and section 19a, there is no doubt that the technology sector will remain a key area of focus for the German competition authorities. On the authority\u2019s website, Andreas Mundt (President of the BKA) is quoted as saying:<\/p>\n\n\n\n\n\n
Recent examples of the BKA\u2019s focus on the technology sector have included its finding in September 2024 that Microsoft is a \u201ccompany of paramount significance for competition\u201d and was therefore subject to section 19a. Alphabet and Meta (parent companies of Google and Facebook respectively) had already been given this designation, while in April 2024 the Federal Court of Justice had upheld the BKA\u2019s designation of Amazon as a company subject to section 19a. Apple is currently appealing its own designation.<\/p>\n\n\n\n
The BKA also enjoyed a significant victory in October 2024 against Meta concerning the combining of personal user data. 2025 will see ongoing proceedings against Google Maps, Apple\u2019s App Tracking Transparency Framework and Amazon\u2019s price control mechanisms.<\/p>\n\n\n\n
So far, the decisions under 19a have ended with the tech companies undertaking remedies (as was the case for Meta in the user data combining case) rather than the headline-grabbing billion dollar fines, which Trump described in his Davos speech as \u201ca form of taxation\u201d. This may mean that, in the short term at least, the European Union \u2013 rather than the BKA \u2013 will be the main focus of this discussion.<\/p>\n\n\n\n
However, given the number of owners of large technology companies who are vocal supporters of Trump and the attitude of the German authorities, it is clear that this area will remain in the spotlight during 2025.<\/p>\n\n\n\n
The Chambers Germany Guide, including a ranking of lawyers and law firms specialised in competition law issues, will be launched on February 20th<\/sup> 2025.<\/p>\n\n\n","protected":false},"featured_media":0,"parent":0,"template":"","categories":[],"tags":[],"publication":[],"blocks":[{"blockName":"core\/paragraph","attrs":[],"innerBlocks":[],"innerHTML":"\n Following his inauguration, Donald Trump used a speech in Davos in late-January to criticise the European Union imposing fines on major US technology companies. In light of this, the German Bundeslkartellamt\u2019s use of its powers under section 19a of the competition act is likely to prove an interesting topic in the coming months.<\/p>\n","innerContent":["\n Following his inauguration, Donald Trump used a speech in Davos in late-January to criticise the European Union imposing fines on major US technology companies. In light of this, the German Bundeslkartellamt\u2019s use of its powers under section 19a of the competition act is likely to prove an interesting topic in the coming months.<\/p>\n"]},{"blockName":null,"attrs":[],"innerBlocks":[],"innerHTML":"\n\n","innerContent":["\n\n"]},{"blockName":"core\/paragraph","attrs":[],"innerBlocks":[],"innerHTML":"\n In many key respects, section 19a overlaps closely with the European Commission\u2019s Digital Markets Act, which (along with the General Data Protection Regulation) was a key target for Trump\u2019s ire. However, the German act came into practice almost two years before the Commission\u2019s act and \u2013 depending on who you ask \u2013 section 19a is either a challenge to the effectiveness of the DMA or a sign that the BKA was ahead of the curve in taking competition questions in the technology sector seriously.<\/p>\n","innerContent":["\n In many key respects, section 19a overlaps closely with the European Commission\u2019s Digital Markets Act, which (along with the General Data Protection Regulation) was a key target for Trump\u2019s ire. However, the German act came into practice almost two years before the Commission\u2019s act and \u2013 depending on who you ask \u2013 section 19a is either a challenge to the effectiveness of the DMA or a sign that the BKA was ahead of the curve in taking competition questions in the technology sector seriously.<\/p>\n"]},{"blockName":null,"attrs":[],"innerBlocks":[],"innerHTML":"\n\n","innerContent":["\n\n"]},{"blockName":"core\/paragraph","attrs":[],"innerBlocks":[],"innerHTML":"\n However, whatever your perspective on the interplay between the DMA and section 19a, there is no doubt that the technology sector will remain a key area of focus for the German competition authorities. On the authority\u2019s website, Andreas Mundt (President of the BKA) is quoted as saying:<\/p>\n","innerContent":["\n However, whatever your perspective on the interplay between the DMA and section 19a, there is no doubt that the technology sector will remain a key area of focus for the German competition authorities. On the authority\u2019s website, Andreas Mundt (President of the BKA) is quoted as saying:<\/p>\n"]},{"blockName":null,"attrs":[],"innerBlocks":[],"innerHTML":"\n\n","innerContent":["\n\n"]},{"blockName":"lazyblock\/chambers-quote","attrs":{"quote":" \u201cThe digital economy remains high on our agenda [\u2026] Many more cases against big tech companies are ongoing.\u201d<\/em><\/p>","blockId":"1USHYR","blockUniqueClass":"lazyblock-chambers-quote-1USHYR"},"innerBlocks":[],"innerHTML":"","innerContent":[]},{"blockName":null,"attrs":[],"innerBlocks":[],"innerHTML":"\n\n","innerContent":["\n\n"]},{"blockName":"core\/paragraph","attrs":[],"innerBlocks":[],"innerHTML":"\n Recent examples of the BKA\u2019s focus on the technology sector have included its finding in September 2024 that Microsoft is a \u201ccompany of paramount significance for competition\u201d and was therefore subject to section 19a. Alphabet and Meta (parent companies of Google and Facebook respectively) had already been given this designation, while in April 2024 the Federal Court of Justice had upheld the BKA\u2019s designation of Amazon as a company subject to section 19a. Apple is currently appealing its own designation.<\/p>\n","innerContent":["\n Recent examples of the BKA\u2019s focus on the technology sector have included its finding in September 2024 that Microsoft is a \u201ccompany of paramount significance for competition\u201d and was therefore subject to section 19a. Alphabet and Meta (parent companies of Google and Facebook respectively) had already been given this designation, while in April 2024 the Federal Court of Justice had upheld the BKA\u2019s designation of Amazon as a company subject to section 19a. Apple is currently appealing its own designation.<\/p>\n"]},{"blockName":null,"attrs":[],"innerBlocks":[],"innerHTML":"\n\n","innerContent":["\n\n"]},{"blockName":"core\/paragraph","attrs":[],"innerBlocks":[],"innerHTML":"\n The BKA also enjoyed a significant victory in October 2024 against Meta concerning the combining of personal user data. 2025 will see ongoing proceedings against Google Maps, Apple\u2019s App Tracking Transparency Framework and Amazon\u2019s price control mechanisms.<\/p>\n","innerContent":["\n The BKA also enjoyed a significant victory in October 2024 against Meta concerning the combining of personal user data. 2025 will see ongoing proceedings against Google Maps, Apple\u2019s App Tracking Transparency Framework and Amazon\u2019s price control mechanisms.<\/p>\n"]},{"blockName":null,"attrs":[],"innerBlocks":[],"innerHTML":"\n\n","innerContent":["\n\n"]},{"blockName":"core\/paragraph","attrs":[],"innerBlocks":[],"innerHTML":"\n So far, the decisions under 19a have ended with the tech companies undertaking remedies (as was the case for Meta in the user data combining case) rather than the headline-grabbing billion dollar fines, which Trump described in his Davos speech as \u201ca form of taxation\u201d. This may mean that, in the short term at least, the European Union \u2013 rather than the BKA \u2013 will be the main focus of this discussion.<\/p>\n","innerContent":["\n So far, the decisions under 19a have ended with the tech companies undertaking remedies (as was the case for Meta in the user data combining case) rather than the headline-grabbing billion dollar fines, which Trump described in his Davos speech as \u201ca form of taxation\u201d. This may mean that, in the short term at least, the European Union \u2013 rather than the BKA \u2013 will be the main focus of this discussion.<\/p>\n"]},{"blockName":null,"attrs":[],"innerBlocks":[],"innerHTML":"\n\n","innerContent":["\n\n"]},{"blockName":"core\/paragraph","attrs":[],"innerBlocks":[],"innerHTML":"\n However, given the number of owners of large technology companies who are vocal supporters of Trump and the attitude of the German authorities, it is clear that this area will remain in the spotlight during 2025.<\/p>\n","innerContent":["\n However, given the number of owners of large technology companies who are vocal supporters of Trump and the attitude of the German authorities, it is clear that this area will remain in the spotlight during 2025.<\/p>\n"]},{"blockName":null,"attrs":[],"innerBlocks":[],"innerHTML":"\n\n","innerContent":["\n\n"]},{"blockName":"core\/paragraph","attrs":[],"innerBlocks":[],"innerHTML":"\n The Chambers Germany Guide, including a ranking of lawyers and law firms specialised in competition law issues, will be launched on February 20th<\/sup> 2025.<\/p>\n","innerContent":["\n The Chambers Germany Guide, including a ranking of lawyers and law firms specialised in competition law issues, will be launched on February 20th<\/sup> 2025.<\/p>\n"]},{"blockName":null,"attrs":[],"innerBlocks":[],"innerHTML":"\n\n","innerContent":["\n\n"]},{"blockName":"lazyblock\/chambers-media-card","attrs":{"title":"Chambers Germany 2025 Guide Launch","content":"Join the team for an in-depth discussion on the market\u2019s response to the new guide, key ranking trends, and major developments, including regulatory changes, shifts in Dispute Resolution, and new practice areas for 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