We share an article published by the Antitrust Alliance (ATA) on the decision of Germany’s Federal Cartel Office (Bundeskartellamt, “FCO”) to prohibit Amazon from using mechanisms that influence the prices set by third-party sellers on its marketplace in Germany, allowing them only in exceptional cases of excessive pricing and subject to strict transparency requirements. The decision, based on the special regime for large digital platforms (Section 19a GWB), together with the rules on abuse of dominant position and Article 102 TFEU, is also notable for ordering, for the first time, the disgorgement of economic benefits obtained, setting an initial amount of approximately EUR 59 million. In this context, the authority strengthens control over conflicts of interest in hybrid platforms and underscores the increasing requirement of transparency in the relationship with business users. 📃 ⚖️
Lupicinio International Law Firm is an active member of the Antitrust Alliance, an excellent example of the Cluster model, which is formed by an european alliance of law firms specialised in Competition Law. ATA provides global Competition Law services in Europe and has a Band 1 ranking in Chambers & Partners. ATA combines three important factors: cognitive desire, a sense of collaboration and flexibility in pricing.
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