The Düsseldorf Higher Regional Court states the maximum basic level of fine possible within the law as being 10% on a company's turnover which deviates from the legal opinion and application practice of the German Federal Cartel Office (Cement cartel)

Winkler, Thorsten

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26 Jun 2009

The Düsseldorf Higher Regional Court states the maximum basic level of fine possible within the law as being 10% on a company’s turnover which deviates from the legal opinion and application practice of the German Federal Cartel Office (Cement cartel)

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Reference

Higher Regional Court of Düsseldorf, Cement cartel, VI-2a Kart2 - 6/08 OWi, 26 June 2009 (German)

In its ruling of 26 June 2009, the OLG Düsseldorf has considerably reduced the original fines imposed by the German Federal Cartel Office (FCO) on five cement manufacturers for con-cluding quota agreements. Apart from this aspect, the ruling also contains a rather basic section in which the OLG Düsseldorf expressed an interpretation of the maximum basic level of fine possible within the law of 10% of company turnover which deviates from the legal opinion and application practice of the FCO and which resulted in a lower fine being imposed on one of the companies involved in the specific case. 1. Background In 2003, the five cement manufacturers HeidelbergCement AG, Holcim (Deutschland) AG, Dyckerhoff AG, Lafarge Zement GmbH and Schwenk Zement KG were fined by the Germany Federal Cartel

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Author

Thorsten Winkler
White & Case (Frankfurt)

Germany 3 contributions 8466 visits

Quotation

Thorsten Winkler, The Düsseldorf Higher Regional Court states the maximum basic level of fine possible within the law as being 10% on a company’s turnover which deviates from the legal opinion and application practice of the German Federal Cartel Office (Cement cartel), 26 June 2009, e-Competitions June 2009, Art. N° 30780

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