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ARTICLE · 05 JULY 2007

Germany: Cartels

SJ Berwin LLP
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The legal basis for cartel enforcement in Germany is the Act against Restrictions of Competition (ARC), which has recently been modified by the Seventh Amendment. The changes came into effect on 1 July 2005 after a lengthy debate of more than two years.

GermanyAntitrust/Competition Law

Article by Alexander Rinne, Tilman Siebert and Axel Walz

"An extract from The 2007 European Antitrust Review, a Global Competition Review special report - www.globalcompetitionreview.com".

Applicable law and enforcement

The legal basis for cartel enforcement in Germany is the Act against Restrictions of Competition (ARC), which has recently 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 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 for the

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