Abstract
Overlaps are nevertheless possible in areas where German competition law under the German Act against Restraints of Competition (GWB) and European Union competition law largely parallel each other. However, this only applies to the limited scope of Art. 101, 102 TFEU, thus only to circumstances which are apt to impair trade between the Member States or have as their object or effect the prevention, restriction or distortion of competition within the Internal Market. Outside of the area of merger control, any resulting conflicts had not been resolved by means of European law under Art. 103 (2) lit. e) TFEU for a long period of time. Actual problems are the application of the EU rules on competition to undertakings operating internationally, the compatibility with GATT and WTO and the cooperation with competition authorities from third countries, e.g. from the USA.
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