The Role Of Corporate Compliance Systems In Preventing Antitrust Violations

Antitrust compliance systems are part of every company's compliance toolbox. It goes without saying that these systems must be effective and efficient. Or does it?

Against the backdrop of a recent decision by the German Federal Cartel Office ("FCO"), it has become clear that the mere existence of an antitrust compliance system does not necessarily guarantee compliance with antitrust regulations.

In its decision from May 7, 2025, the FCO imposed fines on Sennheiser and Sonova, as well as three senior employees, for violating the antitrust prohibition under Section 1 of the German Act Against Restraints of Competition ("ARC"). The authority – in conjunction with its Austri-an counterpart – had previously identified such a violation because the companies imposed cer-tain end consumer prices on their retailers and entered into prohibited price agreements with them. Sonova acquired Sennheiser's business division for the distribution of high-quality audio products