The German Federal Court of Justice confirms compliance of the key provision on fining of cartel law violations with the constitution (Grauzementkartell)

In its decision of 26 February 2013, which was published on 10 April 2013, the German Federal Court of Justice (“FCJ”) inter alia had to decide on the constitutionality of the key provi-sion on the fining of cartel law violations. The FCJ not only confirmed the constitutionality of this fining provision but also made clear that the limitation of the fine to 10% of the turnover of the respective company should not be regarded as a capping threshold, but as a maximum value within a range of fines. The proceedings in the cement cartel have now been concluded with fines amounting to a total of EUR 380 million, the highest fine ever imposed in a proceeding of the German Federal Cartel Office (“FCO”). Andreas Mundt, president of the FCO, already emphasized that the calculation method prescribed

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • Commeo (Frankfurt)

Quotation

Isabel Oest, The German Federal Court of Justice confirms compliance of the key provision on fining of cartel law violations with the constitution (Grauzementkartell), 26 February 2013, e-Competitions February 2013, Art. N° 52240

Visites 179

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues