Cooperation Amongst Investigators Can Be Advantageous To Cartel Sinners

For some time now cartel sinners in Germany have not only been faced with high fines, the persons involved can also face up to five years in prison. The provision on "collusive tendering" defined in Sec. 298 German Criminal Code [Strafgesetzbuch, StGB] punishes restrictions of competition through agreements reached in the context of public bids to the detriment of the public sector (as opposed to individuals). The number of investigative proceedings until very recently has been very moderate, but this has changed in recent times. The Federal Cartel Office [Bundeskartellamt, BKA] has realised that fines are not a sufficient deterrent and is increasingly already cooperating with public prosecutors in ongoing proceedings.