Extract
Cartels
Originally Published by Global Competition Review
Applicable law and enforcement The legal basis for cartel enforcement in Germany is the Act against Restrictions of Competition (ARC), which has been modified by the Seventh Amendment. The changes came into effect on 1 July 2005 after a lengthy debate of more than two years. Following the Seventh Amendment, further Amendments entered into force. However, they did not change the applicable rules on cartels enforcement. Following the entry into force of the European Commission's Modernisation Package of Regulation 1/2003, the German ARC required revision to allow for the parallel application of EU and national competition rules and for a system of cooperation within the European Competition Network (ECN). In essence, the Seventh Amendment modified the general prohibition of anti-competitive agreements and concerted practices to mirror article 81 of the EC Treaty even more closely than before and also now provides for the application of the European Commission's block exemption regulations under national law. In addition, the am...See the full content of this document
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