Prohibition of cartels; prosecution of violations

Agreements between undertakings, decisions of associations of undertakings and concerted practices which have as their object/ effect the prevention, restriction or distortion of competition are prohibited.

Description

The subject of prohibited behavioral agreements are primarily price agreements. However, agreements restricting competition can also be made on other factors such as areas of activity, production quantities, conditions, etc.

Violations of the ban on cartels are prosecuted by the cartel authorities and can be punished with fines of up to 1 million euros. In the case of serious infringements, a higher fine of up to 10% of the total worldwide turnover in the preceding financial year can be imposed on each company or association of companies involved in the infringement. In this case, the proceedings shall be directed against the companies involved and against the persons acting on their behalf.

Competent authorities:

Insofar as the effects of the conduct complained of in Germany do not extend beyond the State of Bavaria: State Ministry for Economic Affairs, Regional Development and Energy.

Otherwise, the Federal Cartel Office, and in the case of Europe-wide effects, also the European Commission (Directorate General for Competition) are responsible. The public prosecutor's office is responsible for prosecuting submission agreements (Section 289 of the German Criminal Code), which may coincide with a violation of the ban on cartels.

Links to more information

Status: 24.01.2023

Responsible for editing: Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie

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  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
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