First application of the new German prohibition on platform market tipping
1 July 2021
It's yet another European premiere:
For the first time, a German court has applied the new tipping prohibition in sec. 20 (3a) of the German Act against Restraints of Competition ("ARC"). The ARC was recently amended as part of a revamp of German competition law aimed at responding to the emergence of global technology giants. As discussed below, the new tipping prohibition, believed to be the first of its kind in Europe, essentially prohibits leading platforms engaging in conduct that limits rivals' ability to generate network effects and presents a serious risk of market tipping.
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Clifford Chance
