The German Competition Authority dismisses a crop protection producer’s claim for state liability against Federal Cartel Office (BayWa)

On 2 December 2020, the Regional Court of Bonn (“Court”) dismissed a claim of € 72.8 million by crop protection producer BayWa against the German Federal Cartel Office (“FCO”). BayWa argued that the FCO had violated its procedural rights, in particular the principle of equal treatment, in the context of a cartel investigation. In December 2014, the FCO had received an anonymous tip-off, naming BayWa as the ringleader of a cartel, but without further details of the identity of the other cartel members. While the decision-making department responsible for the chemicals sector decided not to pursue the case any further, a case handler from the department responsible for the agricultural sector contacted three companies in the crop

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Laura Lehoczky-Deckers, Katharina Bongs, The German Competition Authority dismisses a crop protection producer’s claim for state liability against Federal Cartel Office (BayWa), 2 December 2020, e-Competitions December 2020, Art. N° 99300

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