The German Federal Court of Justice rules that, unlike in the EU, the German 10%-limit for calculating fines is not a cap but rather constitutes a ceiling of a framework within which a fine has to be calculated (Grauzementkartell)

In its judgment of 26 February 2013, the German Federal Court of Justice ("FCJ") upheld the decision of the Higher Regional Court of Düsseldorf and confirmed that Sect. 81(4) Sentence 2 Act Against Restraints of Competition ("ARC") is in conformity with the German constitution. [1] This provision empowers the German Federal Cartel Office ("FCO"), as well as cartel courts, to impose fines in the amount of up to 10 percent of the annual total turnover of an undertaking. However, the imposed fine was reduced by 5 percent due to an unconstitutional delay of proceedings. Facts In 1987, the FCO discovered the existence of a cartel involving the grey cement business, and it imposed substantial fines against companies and individuals. However, representatives of leading manufacturers of grey

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Jens Peter Schmidt, The German Federal Court of Justice rules that, unlike in the EU, the German 10%-limit for calculating fines is not a cap but rather constitutes a ceiling of a framework within which a fine has to be calculated (Grauzementkartell), 26 February 2013, e-Competitions February 2013, Art. N° 64011

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