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Prohibition of cartels; information on the prosecution of infringements
Agreements between companies, decisions by associations of companies and concerted practices that have as their object or effect the prevention, restriction or distortion of competition are prohibited.
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Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie
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Prinzregentenstr. 28
80538 München
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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 volumes, conditions, etc.
Violations of the ban on cartels are prosecuted by the antitrust authorities and can be punished with fines of up to EUR 1 million. In the case of serious infringements, a higher fine of up to 10% of the total worldwide turnover of the previous financial year can also be imposed on each company or association of companies involved in the infringement. The proceedings are directed against the companies involved and against the persons involved.
Competent authorities:
Insofar as the effects of the conduct complained of in Germany do not extend beyond the state of Bavaria: Bavarian State Ministry for Economic Affairs, Regional Development and Energy.
Otherwise, the Federal Cartel Office is responsible, or the European Commission (Directorate-General for Competition) in the case of Europe-wide effects. The public prosecutor's office is responsible for the prosecution of bid-rigging agreements (Section 298 StGB), which may coincide with a violation of the ban on cartels.
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Related issues
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Antitrust supervision; information on dominant companies
Companies that have the ability to disrupt competitive processes due to their market position are subject to abuse control. Special market power must be determined on a case-by-case basis.
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Communicate indications of antitrust violations
If you have indications of possible infringements of cartel law you can send them to the Bundeskartellamt as a submission or complaint.
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Prohibition of cartels; information on exempted agreementsCorporate cooperations or cartels to promote performance-enhancing cooperation are exempt from the ban on cartels under certain statutory conditions.
Status: 27.12.2024
Editorially responsible for prodecure description: Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie
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