The German Competition Authority publishes guidelines on the setting of fines against undertakings and associations of undertakings that have violated, inter alia, EU competition law

Background In 2005, the German Act on Restraints of Competition (Gesetz gegen Wettbewerbsbeschraenkungen, or “GWB”) was substantially amended to harmonize German law with EU competition law, in particular Council Regulation (EC) n° 1/2003, of 16 December 2002, on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJEU L 1, 4 January 2003, p. 1-25). The notification system was abolished, the investigation and enforcement powers of the Federal Cartel Office (Bundeskartellamt, or “FCO”) were strengthened and penalties were significantly increased. Under the new law, the FCO is permitted to impose fines of up to 10% of the aggregate worldwide turnover of the undertaking that violated Art. 81, 82 EC. The FCO issued the current guidelines to provide

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Ken Mueller-Tautphaeus, The German Competition Authority publishes guidelines on the setting of fines against undertakings and associations of undertakings that have violated, inter alia, EU competition law, 15 September 2006, e-Competitions September 2006, Art. N° 12432

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