The reform of the Gesetz gegen Wettbewerbsbeschränkungen (GWB, German Act against Restraints of Competition) debated in the Bundestag (German Federal Parliament) received differing assessments at the public hearing of the committee for Economic Affairs and Energy. The focus was in particular on the planned procurement screening, changes to merger control, the digitalisation of antitrust proceedings, and rules on cooperation in the media sector.
The subject of the deliberations was the draft of a Twelfth Act to Amend the Gesetz gegen Wettbewerbsbeschränkungen and Other Acts introduced by the Federal Government. The Bundestag had debated the draft on 24 September 2026 at first reading and referred it to the committees; the lead committee is the Committee for Economic Affairs and Energy.
Public hearing on the Twelfth GWB Amendment
Deliberation in the Committee for Economic Affairs and Energy
The public hearing took place on Wednesday, 14 October 2026, as the 54th meeting of the Committee for Economic Affairs and Energy. The meeting began at 2:30 p.m., departing from the usual meeting time, and was scheduled for one and a half hours. The hearing was chaired by the committee chair Christian Freiherr von Stetten (CDU).
In addition to the government draft on Bundestagsdrucksache 21/7865 (Bundestag printed paper 21/7865), the information document on Bundestagsdrucksache 21/8302 was also considered. This contains the statement of the Bundesrat (Federal Council) and the Federal Government’s counterstatement, which have been available since 30 September 2026.
Objectives of the government draft
According to the draft, antitrust proceedings are to be accelerated, made more efficient and more strongly digitalised. At the same time, the Bundeskartellamt (Federal Cartel Office) is to be relieved of burdens. The government draft does not provide for any time limit on the planned changes.
The key regulatory areas include in particular:
- the introduction of procurement screening by the Bundeskartellamt,
- changes to merger control and turnover thresholds,
- digitalisation steps in proceedings, particularly in merger control notifications,
- changes in the area of ministerial authorisation,
- rules for cooperation in the media sector,
- the extension of special abuse control in the energy sector.
In addition, the amendment provides for limiting the term of office of the presidents of the Bundeskartellamt to eight years.
Procurement screening as a new approach to public contracts
Systematic evaluation of procurement data
A central component of the draft is the introduction of procurement screening. In future, the Bundeskartellamt is to be permitted to systematically evaluate bid prices and other data from public procurement procedures without any specific suspicion. The aim is to improve the detection and prosecution of cartel agreements in procurement procedures.
Procurement screening is to be available to the Bundeskartellamt only in the above-threshold area. At the same time, contracting authorities are to be obliged to transmit bidder data. The legal bases for procurement screening are to be anchored in §§ 32h and 114 GWB (sections 32h and 114 of the German Act against Restraints of Competition).
Position of the Bundeskartellamt
Andreas Mundt, President of the Bundeskartellamt, welcomed the planned introduction of procurement screening at the hearing. He explained that this was also intended to create an additional instrument in Germany for enforcing antitrust law and strengthening fair competition in public procurement procedures.
According to his account, such screening is already being used successfully in many other EU Member States. In this context, the Bundeskartellamt also points to a possible deterrent effect even in the run-up to potential bid-rigging agreements; Finland, among others, was cited as a model. Mundt described the compliance burden associated with the instrument as “absolutely low” (translation).
Comments on effort and design
Professor Stefan Hertwig of CBH Rechtsanwälte assessed procurement screening as sensible. However, he suggested bundling reporting obligations and reporting channels and designing them via a uniform interface. In his view, public contracting authorities should use only a single form vis-à-vis the Public Procurement Data Service.
Hertwig disagreed with the draft’s assessment that no additional compliance burden would arise at the Bundeskartellamt. He pointed out that the decision divisions of the Bundeskartellamt were at capacity.
Professor Rupprecht Podszun of Heinrich-Heine-Universität Düsseldorf also highlighted procurement screening positively. He described it as an “excellent example of learning from abroad and of the digitalisation of competition protection” (translation).
Bundesrat calls for tighter limits on procurement screening
Statement of 25 September 2026
At its 1068th meeting on 25 September 2026, the Bundesrat issued a statement on the draft. It demanded that procurement screening be used exclusively for abuse control and be mandatorily linked to an evaluation.
Specifically, the Bundesrat requested that § 32h GWB (section 32h of the German Act against Restraints of Competition) be supplemented by a new paragraph 3 and a new paragraph 4. This was intended to include a statutory evaluation obligation. To date, the government draft provides for an evaluation only in the explanatory memorandum to § 32h GWB.
Federal Government’s counterstatement
Of the nine points in the Bundesrat’s statement, two concern public procurement. The Federal Government rejects both points. The differing assessment of the scope of procurement screening therefore remains apparent in the parliamentary procedure.
Merger control: dispute over higher turnover thresholds
Planned adjustment of the thresholds
A further focus of the amendment concerns merger control. A significant increase in the turnover thresholds for the notification requirement for corporate concentrations is planned. The worldwide threshold is to rise from EUR 500 million to EUR 750 million, and the first domestic threshold from EUR 50 million to EUR 75 million.
The second domestic turnover threshold is also to be adjusted. It is to be increased from EUR 17.5 million to EUR 20 million. This would be the first time that all three turnover thresholds under § 35 Absatz 1 GWB (section 35(1) of the German Act against Restraints of Competition) were changed simultaneously.
According to the draft, strategic takeovers of innovative companies in particular, so-called “killer acquisitions”, are to be captured more effectively. In addition, the transaction value threshold is being expanded. A transaction value of more than EUR 400 million for the acquisition of a company with low turnover is to be regarded as an indication of a future disruptive market change.
Criticism of possible enforcement gaps
Andreas Mundt was critical of the planned increase in the thresholds for examining concentration projects. In his view, the possibilities for taking effective action against the emergence of economic power would be limited beyond an economically reasonable level. This could create protection gaps.
Professor Rupprecht Podszun also assessed the planned increase in the thresholds as not conducive to the intended objective. He pointed out that the effectiveness of merger control could be impaired. In particular, concentrations in regional markets could fall outside review.
A representative of an economic-policy non-governmental organisation likewise referred to possible effects on regional markets. According to his account, the rates of increase in the thresholds were significantly above the development of other economic indicators, such as gross domestic product or the consumer price index. For the period from 2020 to 2025, he cited a value of 21.9 percent for the consumer price index and therefore did not regard the change as a merely nominal adjustment, but as a real restriction of merger control.
In its main report “Wettbewerb 2026” (“Competition 2026”), the Monopolkommission (Monopolies Commission) also expressly raised concerns about the planned increase in the turnover thresholds in merger control. At the same time, the change to the transaction value threshold is also based on suggestions by the Monopolkommission.
Voices in favour of raising the thresholds
Professor Daniel Zimmer of the University of Bonn took a different view. He considered the increase justifiable in light of inflation. In his statement, he explained that cumulative inflation from 2002 to 2026, taking compound interest effects into account, had amounted to around 50 percent; the increase to EUR 750 million therefore approximately reflected changes in the value of money.
Attorney Jan Heithecker of DENTONS likewise described the intended increase in the turnover thresholds as appropriate. In his assessment, no potentially problematic cases would likely be withdrawn from review by the Bundeskartellamt. At the same time, he expected a “quite considerable reduction in bureaucracy” (translation).
Digitalisation and further procedural changes
Digital merger control notifications from 2028
The amendment provides that notifications for merger control are to be made digitally from 2028. This fits into the overarching objective of making antitrust proceedings faster and more efficient.
A representative of a German trade association expressed satisfaction with the draft legislation. He saw the rules on accelerating proceedings and digitalising antitrust proceedings as the right answers to current challenges. According to his account, swift decisions by the Bundeskartellamt create legal certainty and are also in the interests of retail companies.
Further changes in the draft
In addition to the central issues of procurement screening and merger control, the draft contains further rules. These include strengthening third parties’ avenues of appeal against ministerial authorisation. The restriction on legal protection introduced with the 9th GWB Amendment is to be deleted.
In addition, special abuse control in the energy sector is to be extended by a further five years. The Bundesverband der Deutschen Industrie (Federation of German Industries) did not assess the amendment overall as a convincing signal of relief. In its view, it meets the ambitions of the coalition resolutions only in part and contains only individual modernisation steps.
At the same time, the association representative spoke in favour of reversing what he considered to be “political missteps” (translation) of the past. He referred in particular to stricter rules introduced in connection with the fuel measures package, which he described as “completely misguided” (translation).
Media cooperation and the cartel prohibition
Exemptions for press publishers and private broadcasters
The hearing also addressed mergers and cooperation in the media sector. The draft legislation provides for expanding exemptions from the cartel prohibition for media cooperation. Private broadcasters are to be included in the exemptions from the cartel prohibition for press publishers.
The purpose of this inclusion is to facilitate cooperation in intermedia competition with major online platforms. The draft thus responds to changes in the media market without abolishing the cartel prohibition as a whole.
Criticism of the scope of the planned changes
Attorney Till Steinvorth, partner at NOERR, spoke in this context of merely small steps. In his assessment, these were in no way sufficient if antitrust law was to contribute to preserving the free, market-based press in Germany.
He pointed out that press offerings already reach their readers today, on average, predominantly in digital formats. In his view, antitrust law must be further developed so that publishers in the print sector can achieve the necessary efficiencies through consolidations and cooperation in an uncomplicated manner.
Only in this way, in his opinion, could publishers in the print sector remain profitable. This concerns both the continued provision of traditional titles and the financing of necessary investments in ongoing digitalisation.
Motion by Bündnis 90/Die Grünen
Consumer rights and market concentration
In addition to the government draft, the hearing dealt with a motion by the parliamentary group Bündnis 90/Die Grünen on Bundestagsdrucksache 21/8395. It primarily calls for strengthening consumer rights and protection against unfair business practices, misleading advertising and market concentration.
The motion was addressed as part of the same hearing. However, the differing statements by the experts primarily related to the focal points set out in the government draft: procurement screening, merger control, digitalisation and media cooperation.
Classification for companies and market participants
Relevance of the reform in the competitive environment
The deliberations show that the Twelfth GWB Amendment is assessed differently in key areas. While procurement screening is regarded by several sides as a suitable instrument for strengthening competition in public procurement procedures, there are considerable differences of opinion regarding the increase in the thresholds in merger control.
For companies, the following points in particular may become significant:
- future data transmission obligations in public procurement procedures in the above-threshold area,
- changed notification obligations for corporate concentrations,
- digital merger control notifications from 2028,
- expanded cooperation possibilities in the media sector,
- changed legal protection options in connection with ministerial authorisations.
The further parliamentary process remains decisive for the specific form in which the planned changes will enter into force. The content of the hearing makes clear that both relief objectives and competition-policy protection interests are being weighed against each other.
Frequently Asked Questions
What does procurement screening regulate in the Twelfth GWB Amendment?
Procurement screening is intended to enable the Bundeskartellamt to systematically evaluate bid prices and other data from public procurement procedures in the above-threshold area, independently of any suspicion. The aim is to better uncover and prosecute cartel agreements in procurement procedures.
Which turnover thresholds are to be changed in merger control under § 35 GWB?
The plan is to raise the worldwide threshold from EUR 500 million to EUR 750 million, the first domestic threshold from EUR 50 million to EUR 75 million, and the second domestic turnover threshold from EUR 17.5 million to EUR 20 million. This would mean that all three turnover thresholds under § 35 Absatz 1 GWB would be adjusted simultaneously for the first time.
What practical consequences can the Twelfth GWB Amendment have for companies?
Depending on their activities, companies may be affected by changed notification obligations for concentrations, digital merger control notifications from 2028, or data transmission obligations in public procurement. The precise scope depends on the further legislative process and the final version of the amendment.
Competition law advice on the GWB Amendment
The planned reform of antitrust law concerns central questions of market organisation, corporate concentrations and participation in public procurement procedures. For companies, investors and high-net-worth private individuals, a careful legal assessment of the planned changes in individual cases may be of considerable importance. MTR Legal Rechtsanwälte supports clients in competition law matters and offers further legal advice in competition law in this regard.
