July 26, 2012

Recent Developments in German Competition Law

Arnold & Porter Advisory

The first half of 2012 saw again significant enforcement activity at the German Federal Cartel Office (FCO).  The authority prohibited two mergers, imposed fines on three cartels (including the headline-grabbing conspiracy in the rail sector to the detriment of Deutsche Bahn, installed an anonymous whistleblower system, and started the second phase of its food sector inquiry. Moreover, there were several important court decisions on procedural aspects (access to the file) and substantive issues (turnover allocation in merger cases, parent liability and liquidated damage clauses).

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