The German Federal Supreme Court raises the bar for the efficiency of the NCA’s investigations by ruling that a search warrant needs to refer to each particular offender in order to interrupt the running of the limitation period (Prokurist)

In its decision of March 6, 2007, the Federal Supreme Court (the Court) decided on an appeal against a decision on a price-fixing cartel which operated in the printing paper wholesale industry from 1996 to 2000. The Federal Cartel Office (FCO) had imposed an administrative fine on a representative of one of the companies participating in the cartel. The fine was based on an infringement of § 1 of the Act against Restraints of Competition (ARC). § 1 ARC directly addresses undertakings, i.e. mostly companies, but the underlying Administrative Offences Act provides for the possibility to impose fines on individuals, i.e. any appropriate representative of the undertaking concerned, and

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Justus Herrlinger, The German Federal Supreme Court raises the bar for the efficiency of the NCA’s investigations by ruling that a search warrant needs to refer to each particular offender in order to interrupt the running of the limitation period (Prokurist), 6 March 2007, e-Competitions March 2007, Art. N° 14072

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