INTERVIEW - ULF BOGE - BUNDESKARTELLAMT - ARTICLE 82 EC - PRIVATE ENFORCEMENT - INTERNATIONAL COOPERATION - ICN

Dr. Ulf Böge (German Competition Authority): 5 years at the Bundeskartellamt

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You have been President of the Federal Cartel Office (Bundeskartellamt) since 2000. This seems a relatively long time for a national competition authority and implies that the Bundeskartellamt is completely independent of other authorities. Has this been the case since the introduction of competition policy in Germany? Can you briefly describe the institutional regime in Germany with regard to competition law?

Are there ways under German law of encouraging private actions for compensation for damage caused by anti-competitive practices within the Community (private enforcement)? If so, can you give us some examples? How can it be ensured that the German courts inform the Bundeskartellamt of any competition law cases they encounter?

German competition law is about to be amended by the 7th amendment of the GWB. Does this reform go further than Regulation 1/2003? More specifically, how will the concept of trade between Member States be analysed after this reform?

What are the leniency provisions?

After more than a year of implementation of Regulation 1/2003, what do you consider to be the most memorable case of cooperation within the European Competition Network?

How would it be possible to strengthen the Community judicial area for a uniform application of Community competition law in the 25 Member States?

What do you expect from the bilateral relationship with the two French competition authorities in a context of multilateral relations? What do you see as the main differences between the French and German competition systems? Are there other examples of bilateral relations with other competition authorities?

The European Commission and the OECD have recently launched the debate on a reform of Article 82. This raises many issues, including the use of economic analysis in Community law. Do you think that there are cases where a per se ban is justified or that each case should be judged in concreto?

Do you think that competition authorities can play a role in the enforcement of EU state aid rules? Does the German system provide for control mechanisms for certain state aid measures which do not fall under Article 88 of the EC Treaty?

The Bundeskartellamt organised the 4th meeting of the NAI from 6 to 8 June 2005 in Bonn. How do you see the development of the work of the CCM?

Interview conducted by Nicolas Charbit, Editor in chief, Concurrences, Paris, New York.

You have been President of the Federal Cartel Office (Bundeskartellamt) since 2000. This seems a relatively long time for a national competition authority and implies that the Bundeskartellamt is completely independent of other authorities. Has this been the case since the introduction of competition policy in Germany? Can you briefly describe the institutional regime in Germany with regard to competition law? The Bundeskartellamt is an independent federal high authority which is located within the sphere of responsibility of the Federal Ministry of Economics and Labour. Since its establishment in 1958, the Bundeskartellamt has been vested with decision-making power and exercises it completely independently. Alongside the Bundeskartellamt, each Land has its own competition authority

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Authors

  • German Competition Authority (Bonn)
  • Concurrences (Paris)

Quotation

Ulf Böge, Nicolas Charbit, Dr. Ulf Böge (German Competition Authority): 5 years at the Bundeskartellamt, September 2005, Concurrences N° 3-2005, Art. N° 1358, pp. 6-11

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