marktbeherrschung-bewertung

Assess market power under GWB by defining the relevant market, testing for presumptive dominance using legislative criteria, and evaluating conduct for abuse under §§ 18–21 and Art. 102 AEUV across national and digital markets.

Evaluate platform gatekeeper abuse under kartellrecht when a firm holds market power in digital markets, applying special factors under §19a GWB to determine if conduct constitutes Behinderungs-, Ausbeutungs- oder Diskriminierungsmissbrauch.

Prove market dominance for compliance under §18 GWB by providing evidence of market definition, market share, and competitive effects. A firm with over 40% market share in a defined market triggers presumptive dominance tests using legislative criteria and case law.

Objective justification defense for abuse under §19 GWB is a legal strategy demonstrating that dominant conduct has valid business rationale rather than anti-competitive intent. It requires evidence of market definition, share, and effects to shield against regulatory enforcement actions.

Yes, market power assessment works for supplier discrimination scenarios. It evaluates whether conduct constitutes Diskriminierungsmissbrauch under §20 GWB and Art. 102 AEUV, requiring evidence of market definition, share, and competitive effects across national and digital markets.

Limitations of abuse analysis under GWB for digital markets include the stringent evidence requirements for market definition, share, and competitive effects. It requires navigating special platform factors under §19a GWB and proving objective justification for complex gatekeeper scenarios.