The German Constitutional Court confirms legality of obligation to pay interest for the period of an unsuccessful appeal against a cartel decision (Zinsverpflichtung)

In its judgment of 19 December 2012, [1] the German Constitutional Court held that the obligation to pay interest requested by a penalty notice of the German Federal Cartel Office ("FCO") against legal persons or associations pursuant to Sect. 81(6) Act Against Restraints of Competition ("ARC") complies with the German constitution. Such an obligation to pay interest is neither against the principle of equal treatment nor against the principle of effective legal protection. Sect. 81(6) ARC should prevent undertakings to file an appeal in order to delay the payment and, therefore, receive a financial advantage. Facts The applicant is an insurance company. The FCO imposed a fine on the applicant of more than EUR 6.4 million due to an antitrust infringement pursuant to Sect. 1 ARC. The

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Jens Peter Schmidt, The German Constitutional Court confirms legality of obligation to pay interest for the period of an unsuccessful appeal against a cartel decision (Zinsverpflichtung), 19 December 2012, e-Competitions December 2012, Art. N° 64014

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