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ARTICLE · 16 FEBRUARY 2009

Cartels & Leniency In Germany

SJ Berwin LLP
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The legal basis for cartel enforcement in Germany is the Act against Restrictions of Competition (ARC). Section 1 ARC corresponds to article 81(1) of the EC Treaty and broadly prohibits agreements or concerted practices between undertakings that have as their object or effect the prevention, restriction or distortion of competition.

GermanyAntitrust/Competition Law
Alexander Rinne
Alexander Rinne
Tilman Siebert
Tilman Siebert

This article first appeared in the second edition of The International Comparative Legal Guide to: Cartels & Leniency; published by Global Legal Group Ltd, London www.iclg.co.uk

1 The Legislative Framework of the Cartel Prohibition

1.1 What is the legal basis and general nature of the cartel prohibition, e.g. is it civil and/or criminal?

The legal basis for cartel enforcement in Germany is the Act against Restrictions of Competition (ARC). Section 1 ARC corresponds to article 81(1) of the EC Treaty and broadly prohibits agreements or concerted practices between undertakings that have as their object or effect the prevention, restriction or distortion of competition. The substantive law - which applies both to companies and individuals - can be enforced by the Bundeskartellamt (Federal Cartel Office, FCO) on the basis of two different proceedings. Minor infringements which only require a cease and desist order are dealt with in an administrative process which is

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