Tuesday, November 5, 2013
Thorsten Mager (Hengeler Mueller) and Hendrik Reffken (Hengeler Mueller) describe Cartel Prosecution in Germany: Recent Developments Concerning the Method of Setting Fines.
ABSTRACT: In June 2013, the Federal Cartel Office published revised guidelines for the setting of fines that presumably result in higher fines for larger companies. The methodology set forth in the revised guidelines differs significantly from the methodology applied by the EU Commission. Parallel to that, the Federal Constitutional Court (Interest on Fine case) and the Federal Supreme Court (Grey Cement case) recently confirmed that two key provisions of the statutory sanctions framework of German competition law do not infringe German constitutional law. Recent case law illustrates that under German competition law appellants face the risk that the court of appeal may increase a fine imposed by the Federal Cartel Office.