1. Germany has passed several antitrust bills and opened cases against big tech companies, making the Bundeskartelamt (BKartA) the leading digital competition authority in conflict with Brussels.
2. The BKartA has considerable discretion over what big tech cannot do in Germany, such as preventing designated companies from promoting their own services over rivals or combining data without giving choice to end users or business users over how their data is used.
3. The latest amendment to the German Competition Act empowers the BKartA to help Vestager with the DMA, but also enables it to open a market investigation in any market and force market players to change their behavior, even breaking them up structurally.
The article "Will Germany interfere in Brussels’ efforts to tame big tech?" provides a detailed analysis of the competition laws and enforcement approaches of Germany and the European Union (EU) towards big tech companies. The author argues that while Germany has become a leading digital antitrust authority, Brussels remains the sole enforcer that can tame big tech in Europe. The article highlights the powers given to Andreas Mundt, BKartA president, to regulate big tech companies in Germany and assist Brussels in enforcing the Digital Markets Act (DMA). However, it also notes that the latest amendment to the German Competition Act empowers Mundt to investigate any market and force market players to change their behavior or even break them up.
The article presents a balanced view of the competition laws and enforcement approaches of Germany and the EU towards big tech companies. It acknowledges that both entities have similar powers but differ in their scope of enforcement. While Germany can only regulate big tech companies within its borders, Brussels can enforce its regulations across all EU member states. The article also notes that Germany's approach could lead to market fragmentation if not coordinated with Brussels.
However, there are some potential biases in the article. For example, it focuses more on Germany's powers than on those of Brussels. It also suggests that Mundt could use his superpower if Vestager does not tame big tech as he desires, which implies that he may act unilaterally without coordination with Brussels. Additionally, while the article notes that plaintiffs might use BKartA's findings in future private litigation before a national court to condemn big tech, it does not explore how this could affect innovation or consumer welfare.
Overall, the article provides valuable insights into how Germany and the EU are regulating big tech companies. However, it could benefit from exploring counterarguments or presenting evidence for some claims made.