Overview
The 10th GWB amendment1 (“GWB Digitization Act”) came into force on January 19, 2021. While the legislative process focused on digital groups with market power, the Economic Committee came up with a significant – and long overdue – clarification at the last minute:
Preventive compliance can reduce antitrust fines. This is reason enough to examine the appropriateness and effectiveness of one’s own compliance management system (CMS). In the absence of specific legislation, it is worth taking a look at the requirements formulated by other competition authorities. Of practical importance here is the antitrust risk analysis, which must also take into account the ongoing digital transformation.
