Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

 The State Courts of Appeal not only hear appeals against the decisions of State cartel authorities; pursuant to Section 83 GWB, they also have jurisdiction for judicial proceedings concerning administrative offenses decided by the State cartel authorities. …

The State Courts of Appeal (Oberlandesgerichte)

 The FCO is the most important of the German competition authorities. According to Section 51 GWB, it is a high federal independent authority, although it reports to the Federal Ministry for Economic Affairs and Energy. It has general jurisdiction to enforce the GWB over practices that involve more than one Land (region). It has exclusive competence to review price-fixing practices, mergers and to enforce EU law.  

The Federal Cartel Office - FCO (Bundeskartellamt)

The Federal Ministry for Economic Affairs and Energy has exclusive competence to exempt illegal agreements on the basis of the public interest or general economic interest.

The Federal Ministry for Economic Affairs and Energy (Bundesminister für Wirtschaft or BMWI)

The Länder cartel authorities are responsible for the enforcement of competition law when federal markets are not at issue. The Minister for the Economy for each of the 16 Länder is responsible for enforcement.

The State cartel authorities (Landeskartellbehörden)

 The State Courts of Appeal not only hear appeals against the decisions of State cartel authorities; pursuant to Section 83 GWB, they also have jurisdiction for judicial proceedings concerning administrative offenses decided by the State cartel authorities.

The federal Länder introduced the Kommission zur Ermittlung der Konzentration im Medienbereich, an independent regulatory authority in charge of controlling media concentration in the market for private television companies to better protect the rights of freedom of information and opinion. This media-specific concentration control and that of the GWB can be implemented concurrently.

  Finally, a Monopoly Commission (Monopolkommission) exists to provide opinions on the general economic situation and the application of the GWB, as well as comments on decisions of the FCO in cases involving mergers or abuse of a dominant position (Section 44 GWB).

  As the Monopoly Commission is not considered as a true cartel authority pursuant to the terms of the GWB, in carrying out its functions it does not have the right to require undertakings to provide information. However, so as to ensure that it is not prevented from carrying out its role, the Federal Statistical Office, under Section 47 is required to supply it with statistics concerning business (manufacturing industry, crafts, foreign trade, taxes, transport, etc.).

Global Competition Law

314. The State Courts of Appeal (Oberlandesgerichte)

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Les notions juridiques connexes

314. The State Courts of Appeal (Oberlandesgerichte)

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise