The BDI advocates for open markets and effective competition oversight by the European Commission and national antitrust authorities. In the age of Industry 4.0 and green and digital transformation, the right framework conditions for business growth must be established, and unnecessary administrative burdens must be reduced. This also involves creating the optimal conditions in Germany and Europe for the emergence of internationally competitive digital and green tech corporations that can attract skilled workers and set entirely new innovation cycles in motion.

Punish anti-competitive behavior; strengthen pro-competitive behavior

Within the framework of competition law, antitrust law is intended to ensure that companies operate independently of one another in the market and compete with one another. Anti-competitive behavior must be strictly punished, while behavior that promotes competition must be encouraged in return. Many antitrust violations can only be uncovered through internal corporate compliance efforts. Comprehensive and effective group-wide compliance efforts should therefore under no circumstances result in higher fines or be used as evidence or an indication of a parent company’s (joint) liability under antitrust law for its subsidiaries. With the 10th Amendment to the German Act Against Restraints of Competition (GWB), the German legislature has shown the way forward in this regard. Thus, appropriate and effective compliance measures taken by companies prior to the violation should be taken into account positively when determining the fine. This provides a clear incentive for the implementation of effective compliance systems aimed at preventing administrative offenses.

Promoting Corporate Collaboration

Especially in the age of digitalization, Industry 4.0, and the green transition, corporate partnerships and new forms of collaboration are playing an increasingly important role. Changing markets and challenges require companies to act more agilely and collaborate more frequently in order to enable innovative digital solutions and enhanced climate protection, ensure interoperability, and establish new technological standards and the transition to new production technologies. European companies must form partnerships, be part of ecosystems, and participate in creative formats such as hackathons to foster innovation. This is all the more necessary if they also want to catch up on the global stage. Eliminating gray areas in antitrust law regarding corporate collaborations, as well as the opportunity for early, informal dialogue with antitrust authorities on new collaborative projects, are crucial in this regard.

In particular, there is a great need to develop sustainable solutions to reduce harmful environmental impacts and to combat climate change by cutting CO2 emissions. Better and faster solutions often require collaboration among companies. Corporate collaborations aimed at achieving sustainability goals that go beyond legal requirements must not be thwarted by an overly narrow interpretation of antitrust law, given the goal of green transformation. A lot is currently in flux in this area. It would also be worth considering the establishment of regulatory sandboxes or experimental spaces for testing new sustainable practices.

Merger Control Designed for the Future

Effective merger control protects competition while also taking appropriate account of economic developments, innovation processes, and the realities of global competition. In a forward-looking assessment of mergers, greater consideration should be given to factors such as competitiveness, resilience, innovation, economies of scale, and demonstrable efficiency gains. Clear notification thresholds, reliable safe-harbor rules, and legally secure procedures are needed to ensure that regulatory review focuses on mergers that are genuinely relevant to competition, while avoiding unnecessary administrative burdens for businesses.

Safeguarding Competition Between Private and Public Providers

Competition law should not only protect companies from unfair practices by other private market participants. Competition between private and public providers must also be safeguarded. A noticeable shift has taken place in the area of public service provision. The sector encompassed by the vague term “services of general interest”—which was previously provided by the federal government, the states, and local municipalities as a matter of public authority—is now increasingly being offered as a service by private companies. This is because economic activity is not one of the public sector’s primary functions. The liberalization of the telecommunications, postal, and energy markets has noticeably improved basic services for citizens. This makes it all the more important to create a level playing field between municipal and private providers. Contrary to the worrying trend toward re-municipalization, the BDI advocates a return to the fundamental regulatory principles of municipal economic law.

Using Subsidies in a Targeted Manner

Investment in Europe is driven primarily by economic recovery, growth, labor market deregulation, and fast, unbureaucratic procedures—not by government subsidies. Nevertheless, public funding may be necessary to support companies through the green transition, assist in building the necessary infrastructure, promote innovation, and develop new technologies. State aid must be used in a targeted manner in areas where it can actually support the competitiveness of European industry in the global marketplace and contribute to the objectives set by the European Union. In this regard, a high level of discipline regarding state aid at the national level, as well as effective state aid control by the European Commission, remain essential.