The Federal Cartel Office issues guidelines on the method of setting fines and emphasis the role of criminal and administrative sanctions in German competition law-enforcement

I. Introduction The following article shall provide an overview over the public sanctioning system in the German Act against Restraints of Competition (hereinafter referred to as ARC) and outline the latest legislative developments. II. The law of criminal sanctions and administrative offences The German Act against restraints of Competition does not contain any specific criminal sanctions for competition infringements. Rather, the lawmaker has decided when the ARC entered into force in 1958 to define infringements of the ARC as administrative offences (now § 81 ARC). In order to understand the reason for this decision it is first necessary to briefly highlight the differences between the legal nature of criminal sanctions and administrative offences as recognized in the German

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  • Eberhard Karls University of Tübingen

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Stefan Thomas, The Federal Cartel Office issues guidelines on the method of setting fines and emphasis the role of criminal and administrative sanctions in German competition law-enforcement, 15 September 2006, e-Competitions September 2006, Art. N° 13325

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