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Competition Authority

The competition authority is the totality of measures by which state authorities monitor and enforce competition law to prevent restrictions of competition, abuse of market power and the formation of monopolies. In Germany this is mainly carried out by the Bundeskartellamt.

Three pillars

Cartel prosecution

The Bundeskartellamt uncovers and prosecutes price-fixing, market sharing and other secret agreements between companies.

AdvantagesDisadvantages
Protects against price-fixingHard to gather evidence
Promotes fair marketsInternational differences

Merger control

AdvantagesDisadvantages
Prevents monopolies from large mergersInterferes with business freedom
Secures continued competitionInternational differences

Abuse supervision

AdvantagesDisadvantages
Protects against abuse of power by large firmsComplex to evaluate
Risk of over-regulation

Types of Abuse of Market Power

Market-dominant companies can abuse their position in two main ways:

  • Exploitative abuse: A dominant company demands unjustifiably high prices or imposes unfair terms to exploit customers or suppliers.
  • Exclusionary abuse: A dominant company hinders competitors, for example by denying them access to essential infrastructure. A classic example is a telecommunications company blocking rivals' access to its network to gain an unfair competitive advantage.

Effects

  • Creates fair market conditions, no company gets unlawful advantages
  • Increases transparency and trust in markets
  • Firms have to compete on performance
  • Deterrent effect: fines of up to 10% of annual turnover
  • Consumers: lower prices, larger choice, better quality

Recent examples

Approved mergers:

  • Lufthansa and ITA Airways (July 2024)
  • Microsoft and Activision Blizzard (closed end of 2023, implemented 2024)

Rejected mergers:

  • Amazon and iRobot (January 2024)
  • Adobe and Figma (end of 2023)

Other actions:

  • Google (2025): forced to remove restrictions on the Google Maps Platform
  • Amazon (February 2026): Bundeskartellamt prohibited certain price-control mechanisms and confiscated €59 million in profits