We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
Die Rechtswegverkürzung nach § 73 Abs. 5 GWB – „Vorhang zu und alle Fragen offen“.
- Authors
Kruse, Johannes
- Abstract
The legislator recently introduced section 73 (5) of the Act against Restraints of Competition (GWB), an amendment that has been controversial within the governing coalition until the very end. According to this new provision, the Federal Court of Justice (BGH) will be the first and last instance for proceedings falling within the ambit of the newly introduced section 19a GWB, which aims at keeping a tight rein on tech giants. However, section 73 (5) GWB raises constitutional questions. Above all, the scope of the shortening of legal recourse is to be marked with a question mark. To clarify the issues, affected companies could turn to the Düsseldorf Higher Regional Court (OLG Düsseldorf), which could assume jurisdiction itself in some constellations by way of constitutional interpretation, while in others it would first have to refer to the Federal Constitutional Court (BVerfG) to clarify the constitutionality of the new provision.
- Subjects
DUSSELDORF (Germany); CONSTITUTIONAL courts; FEDERAL courts; GERMANY. Bundesverfassungsgericht; JURISDICTION; COURTS
- Publication
Wirtschaft und Wettbewerb, 2021, Issue 12, p695
- ISSN
0043-6151
- Publication type
Article