CASE COMMENTS : EUROPEAN AND FOREIGN CASE LAW – GERMANY – CARTEL – LIMIT OF THE FINE – INTERPRETATION IN CONFORMITY WITH THE CONSTITUTION – GUIDELINES ON ANTITRUST FINES

Germany: The German Federal Court of Justice, by giving a new interpretation to the 10 percent threshold, rules that the provision is in line with the German constitution bringing the Bundeskartellamt to review its guidelines on antitrust fines (Ciment gris, KRB)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. Bundesgerichtshof (Federal Court of Justice), 26.02.2013, Grey cement, KRB 20/12 The illegal cement cartels concluded in Germany in the 1990s and the legal debates that followed them constitute an important page in the history of German cartel law. This applies both to the enforcement of competition rules by public authorities and to the involvement of private parties in the prosecution of related infringements. For example, the cartel between the six major cement producers - including Lafarge Zement - discovered by the Bundeskartellamt between 2002 and 2003 was sentenced by the Bundeskartellamt to the highest fine in its history. Similarly, the

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Authors

  • University of Würzburg
  • German Monopolies Commission (Monopolkommission)

Quotation

Florian Bien, Per Rummel, Germany: The German Federal Court of Justice, by giving a new interpretation to the 10 percent threshold, rules that the provision is in line with the German constitution bringing the Bundeskartellamt to review its guidelines on antitrust fines (Ciment gris, KRB), 26 February 2013, Concurrences N° 4-2013, Art. N° 59402, p. 181

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