Should Germany Introduce a Law on the Dissolution of Dominant Enterprises? (Zur Zweckmäßigkeit eines Entflechtungsgesetzes) (German)

Abstract

This article analyzes a proposed amendment to German competition law. The proposed amendment entitles the German Federal Cartel Office (Bundeskartellamt) to order the dissolution of dominant enterprises in order to stimulate competition. The article argues that this proposal should be abandoned for several reasons: First, such a possibility creates a disincentive to internal growth and runs counter to the general objectives of competition law. Second, the scope of application is unclear. Third, there is need for European and international coordination without which the proposal will not be effective in practice.