New Immunity Guidelines for Cartels in Germany

Whistleblowing has never been more attractive in Germany. On March 15, 2006, the Federal Cartel Office ("FCO") published new guidelines for immunity and leniency in cartel matters ("2006 Guidelines"). The 2006 Guidelines amend and restate the conditions under which the FCO grants immunity (no imposition of fines) or extends leniency (reduction of fines), provided cartel members admit their involvement in the conduct at issue and cooperate with the agency’s investigation.

The FCO introduced its first immunity program in 2000, but the incentive to come forward was limited. By contrast, the 2006 Guidelines actively pave the way for immunity applicants. Most notably, the FCO now automatically grants immunity to the first member of a cartel to self-report. Moreover, applicants may submit markers, which secure the rank of the applicant but may be perfected later. Furthermore, the FCO commits itself to confidentiality in order to protect immunity applicants against private litigation.