Government draft of the 11th GWB amendment – Part 1: The BKartA becomes a competition fire brigade
On 05.04.2023, the Federal Cabinet adopted the 11th GWB amendment. Colloquially known as the Competition Enforcement Act, the amendment provides for a far-reaching expansion of the powers of the Federal Cartel Office (Bundeskartellamt, BKartA). The centrepiece is the new powers of intervention in connection with sector enquiries modelled on the British Competition and Markets Authority (CMA). The government draft will now be forwarded to the Bundestag and Bundesrat. This two-part article provides an overview of the planned innovations and assesses the impact on practice. Part 1 of the article first deals with the new sector enquiry.