Economics Minister Habeck speaks of the largest reform of competition law in decades: the Cartel Office should be given more power.
Critics warn against a blank check.
Munich - The federal government wants to further strengthen the cartel office so that it can break up solidified structures such as those in the mineral oil industry.
In extreme cases, the Bonn authority should even be able to break up corporations and skim off advantages from antitrust violations more easily.
Critics spoke of a radical change of course and a blank check for the cartel office.
This went against the market power of the iPhone manufacturer Apple on Wednesday.
The US group announced resistance.
"Competition is the best way to protect consumers from unjustified price increases," said Economics Minister Robert Habeck (Greens).
This must be actively enforced.
The planned GWB amendment - the revision of the law against restraints of competition - is one of the largest reforms in this area for decades.
Cartel Office to get significantly more power
The cabinet launched the bill this morning.
Habeck said he hopes the Bundestag will implement this quickly.
It is about the fact that the cartel office can not only determine abuses, but also draw consequences.
The review of entire sectors - the so-called sector inquiry - has so far usually ended with a report from the authority.
In the future, however, the Cartel Office should also be able to order the unbundling of companies as a last resort in extreme cases.
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Federal Cartel Office in Bonn: The competition guardians should have more power in the future.
©Oliver Berg/dpa
In addition, in the event of antitrust violations, it should be easier to skim off the benefits that have arisen for companies as a result.
The remedy already exists, but with high legal hurdles.
These should now be lowered.
Similar competition law has been created in Great Britain, according to Habeck.
There, measures for more competition have now been introduced in 18 sectors.
Sharp criticism from Union and industry
The CSU economic politician Hansjörg Durz spoke of a trend reversal and a blank check for the authorities: "The Federal Cartel Office threatens to be politicized." That could even become a disadvantage for Germany as a location.
Justice Minister Marco Buschmann (FDP) rejected this.
The innovative power of large corporations should be expressly taken into account when evaluating the Cartel Office.
This could be used in biotechnology, for example with new vaccines, or in the technology industry and protect large corporations from measures.
But a cartel office with bite is needed so that new companies can gain access to markets.
The wholesale association BGA criticized going it alone, which would weaken Germany in a European comparison.
According to BGA President Dirk Jandura, companies that adhere to all laws would still have to fear massive interventions up to and including breakup.
“And only because they are too successful on the market.
A violation of antitrust law should not be necessary for this in the future either.
I think this is constitutionally questionable.”
DIHK: Federal government abandons basic principles of competition law
The German Chamber of Industry and Commerce argued in a similar way: According to chief legal officer Stephan Wernicke, the federal government is abandoning the tried-and-tested basic principles of European competition law, according to which only unlawful behavior by companies is sanctioned.
Ultimately, price and condition supervision by the Cartel Office following a sector inquiry will be sought.
"The amendment must worry companies in markets that are of particular political interest, for example in climate protection or in the digital economy." Delivery obligations are regulated without the need for a law, as has been the case up to now.
(rtr/utz)
