Beyond DMA: the Amazon section 19a case (Germany).

The article focuses on the German Federal Court of Justice's (Bundesgerichtshof, BGH) ruling upholding the Bundeskartellamt's designation of Amazon as an undertaking with paramount significance for competition across markets (UPSCAM) under Section 19a of the German Act against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen, GWB). The Court affirmed Section 19a as a competition law provision distinct from, yet complementary to, the EU Digital Markets Act (DMA), clarifying that national digital platform-specific competition rules can coexist alongside EU regulation. The decision outlines qualitative criteria for designation based on Amazon's integrated business structure, financial strength, data access, and intermediary power, emphasizing a cross-market assessment rather than traditional market dominance. It also highlights that designation under Section 19a does not require proof of actual harm to competition, contrasting with the DMA's formalized quantitative thresholds and stricter regulatory approach.