Section 19a GWB as the German ‘Lex GAFA’ – lighthouse project or superfluous national solo run?
Section 19a GWB as the German ‘Lex GAFA’ – lighthouse project or superfluous national solo run?
Author(s): Tabea BauermeisterSubject(s): International Law, Public Law, ICT Information and Communications Technologies, EU-Legislation
Published by: Wydawnictwo Naukowe Wydziału Zarządzania Uniwersytetu Warszawskiego
Keywords: Section 19a; DMA; Digital Markets Act; undertaking of paramount significance; intermediary power; gatekeeper;
Summary/Abstract: As the European Union kept on struggling with its Digital Markets Act, Germany forged ahead and implemented its own ‘Lex GAFA’ in early 2021. The paper will introduce this new Section 19a and explain its inner workings. Furthermore, Section 19a will be compared to classic Article 102 TFEU-procedure and contrasted with the DMA. Thereby, the paper will present the advantages and disadvantages of Section 19a in comparison to existing and future European law to assess whether Section 19a is in fact the lighthouse project it was presented to be – or rather a superfluous national solo run.
Journal: Yearbook of Antitrust and Regulatory Studies (YARS)
- Issue Year: 15/2022
- Issue No: 26
- Page Range: 75-102
- Page Count: 28
- Language: English