The Higher Regional Court of Düsseldorf modifies calculation of fines for cartels and significantly lowers fines imposed by the German Federal Cartel Office (Silostellgebühren I)

I. The Facts In two proceedings in 2009 and 2010 the German Federal Cartel Office (FCO) imposed total fines of about € 53,1 million (€ 39,69 million in 2009, and € 13,36 million in 2010) on several undertakings and individuals operating in the dry mortar sector. The judgement at hand concerns the second (2010) decision by the FCO regarding the dry mortar cartel. Since 2003 the cement industry had been facing rising logistical expenses and diminished returns for dry mortar products. In response to these challenges, between January 2004 and the end of 2005, nearly the entire mortar industry allegedly colluded during the course of several trade meetings to charge their customers a “set-up fee” for erecting dry mortar silos. The discussions involved several companies, trade co-operations and

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Authors

  • Freshfields Bruckhaus Deringer (Berlin)
  • Hogan Lovells (Munich)

Quotation

Frank Röhling, Christian Ritz, The Higher Regional Court of Düsseldorf modifies calculation of fines for cartels and significantly lowers fines imposed by the German Federal Cartel Office (Silostellgebühren I), 29 October 2012, e-Competitions Bulletin October 2012, Art. N° 57262

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