Key Parts Of Germany’s New Antitrust Fining Guidelines

Law360, New York (July 11, 2013, 11:55 AM EDT) -- On June 25, 2013, the German Federal Cartel Office published new antitrust fining guidelines. The replacement of the FCO’s previous guidelines was necessitated by a decision of Germany’s Federal Supreme Court, effectively declaring these guidelines inapplicable. While the basic methodology for setting fines does not change radically, the new guidelines place greater emphasis on a group’s total revenues, which may trigger higher fines for large corporations.

Background

Under German law, the statutory maximum level for antitrust fines is 10 percent of a group’s total revenues in...
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