The Private Competition Enforcement Review

Overview of recent private antitrust litigation activity in Germany.

Anwälte Dr. Michael Dietrich, Dr. Wolfgang Gruber, Dr. Marco Hartmann-Rüppel

The basis for private cartel enforcement in Germany is the Act against Restraints of Competition (‘ARC’). Currently the ARC is enforced primarily by the Bundeskartellamt (Federal Cartel Office, ‘FCO’). However, the number of civil proceedings related to antitrust cases, especially cartel cases, has increased in recent years. Also, the number of cases based on the abuse of a dominant position, especially refusal-to-supply cases, has been relatively high for a number of years. In 2005, the German legislature encouraged the practice of private competition enforcement by a seventh amendment of the ARC.