Germany In Cartels

Extract

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Germany In Cartels

"An extract from The 2009 European Antitrust Review - a

Global Competition Review special report - www.globalcompetitionreview.com"

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 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 amendment has

removed a number of national legal and administrative exempt...

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