The German Federal Court of Justice upholds the judgement of the Higher Regional Court of Düsseldorf dismissing an administrative fine imposed for alleged participation in anti-competitive arrangements due to corporate restructuring (Maxit)

I. The Facts In 2009, the German Federal Cartel Office (FCO) imposed fines on several companies in the mortar sector (FCO, 24 March 2009, B 1-40/06-U 21). The companies were accused of having participated in anti-competitive agreements on set-up fees for dry mortar silos. Among the companies that received the fine notice was Maxit Deutschland GmbH (Maxit). In July 2009 Maxit merged with Saint Gobain Weber GmbH (SGW) and the question arose whether the fine imposed on Maxit could now be imposed on SGW as Maxit’s legal successor. Under German national law an administrative fee can only be transferred to another company when the former and the new entity are virtually identical. In its 2012 decision, the Higher Regional Court Düsseldorf (HRC Düsseldorf) acquitted SGW as it could not be

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Christian Ritz, Ilka Mauelshagen, The German Federal Court of Justice upholds the judgement of the Higher Regional Court of Düsseldorf dismissing an administrative fine imposed for alleged participation in anti-competitive arrangements due to corporate restructuring (Maxit), 16 December 2014, e-Competitions Bulletin December 2014, Art. N° 74674

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