The German Competition Authority publishes its reviewed guidelines for the setting of fines deviating from the methodology used by the European Commission

The FCO’s new fining guidelines – not much guidance after all* The FCO published new fining guidelines on June 25, 2013, which have been applied for several months now. However, the guidelines as well as the recent practice do not provide a lot of guidance. The previous fining guidelines followed a similar methodology as those of the European Commission: the FCO first determined a base amount as a percentage of the turnover affected by the infringement, which could subsequently be increased due to aggravating circumstances, as well as reduced due to mitigating circumstances. As a final step, the FCO would cap the fine at 10% of the companies’ total worldwide group turnover in the year preceding the decision, if necessary. This approach was quashed by the Federal Court of Justice

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  • Heinz & Zagrosek (Köln)

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Silke Heinz, The German Competition Authority publishes its reviewed guidelines for the setting of fines deviating from the methodology used by the European Commission, 25 June 2013, e-Competitions Bulletin June 2013, Art. N° 61606

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