July 31, 2013

Recent Developments in German Competition Law

Arnold & Porter Advisory

This newsletter summarizes the main developments in German competition law in the first half of 2013 and puts them into perspective. At the legislative level, the reform of the German Act against Restraints of Competition finally entered into force. The German Federal Cartel Office (FCO) continued to be very active in the prosecution of hardcore cartels and also adopted a number of noteworthy decisions in the merger area. Moreover, there were several significant court rulings during the review period. In particular, a decision by the Federal Supreme Court prompted a revision of the FCO's cartel fining guidelines; and in the field of merger control, a judgment rejecting a damage claim against the FCO for the unlawful prohibition of a merger may have far-reaching practical implications.

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