GERMANY Trends and Developments Contributed by: Christina Malz and Sebastian Gröss, SZA Schilling, Zutt & Anschütz
SZA Schilling, Zutt & Anschütz Otto-Beck-Strasse 11 DE-68165 Mannheim Germany Tel: +49 621 4257 0 Fax: +49 621 4257 280 Email: Christina.Malz@sza.de Sebastian.Groess@sza.de Web: www.sza.de
Increased Fines and Proactive Investigations In 2024, the FCO imposed fines totalling approx - imately EUR19.4 million for cartel violations, a significant increase compared to recent years, albeit nothing compared to the authority’s record pre-COVID years. The recent surge in fines reflects the authority’s intensified efforts to com - bat anti-competitive practices across various sectors. As in previous years, the FCO targeted both horizontal cartels and vertical restrictions to competition. The authority conducted 11 dawn raids, three of which were carried out with the assistance of other authorities. The FCO received a total of 17 leniency applications in 2024. The leniency programme thus continues to be a critical tool for the FCO, encouraging companies to come forward with information about cartel activities in exchange for immunity or reduced penalties. That said, the majority of pending proceedings were based on information received through sources other than the leniency programme. This includes the FCO’s whistle-blower system, established under the Whistleblower Protection Act in July 2023. This system provides a secure and anonymous channel for individuals to report cartel activities, thereby complementing the leni - ency programme. There are no published num -
The landscape of cartel enforcement in Germany has seen significant activity and change in the past year. The Bundeskartellamt (Federal Car - tel Office, or FCO) has been at the forefront of this evolution, imposing substantial fines, con - ducting numerous investigations, and leverag - ing advanced technologies to detect and deter anti-competitive practices. The courts have also played a pivotal role in cartel enforcement, and notably in private enforcement through damage litigation. In light of political developments in Germany, there have been no major changes at the leg - islative level. The previously announced consul - tation for a 12th amendment of the Act against Restraints of Competition for a modernisation of competition law was halted with the early ter - mination of the previous government’s term. In response to political developments at the global level, and in line with the EU’s general objec - tives, the new coalition’s programme puts great - er emphasis on international competitiveness, European sovereignty and security in European competition law. However, the impact of such policies and the debate around national or Euro - pean champions seems far more prominent in the areas of merger control and abuse of domi - nance than in cartel enforcement.
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