Originally Published by Global Competition Review
Applicable law and enforcement
The legal basis for cartel enforcement in Germany is the Act
against Restrictions of Competition (ARC), which has been modified
by the Seventh Amendment. The changes came into effect on 1 July
2005 after a lengthy debate of more than two years. Following the
Seventh Amendment, further Amendments entered into force. However,
they did not change the applicable rules on cartels
enforcement.
Following the entry into force of the European Commission's
Modernisation Package of Regulation 1/2003, the German ARC required
revision to allow for the parallel application of EU and national
competition rules and for a system of cooperation within the
European Competition Network (ECN). In essence, the Seventh
Amendment modified the general prohibition of anti-competitive
agreements and concerted practices to mirror article 81 of the EC
Treaty even more closely than before and also now provides
