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

Decisions of the competition authority may be appealed before the Higher Regional Court competent for the district in which the competition authority has its seat (Section 73(4) GWB). The Federal Ministry for Economic Affairs and Energy's decisions are however appealed before the Higher Regional Court competent for the district in which the FCO has its seat (Section 73(4) GWB). Furthermore, the FC …

Appeals against decisions of the cartel authorities

Decisions of the competition authority may be appealed before the Higher Regional Court competent for the district in which the competition authority has its seat (Section 73(4) GWB). The Federal Ministry for Economic Affairs and Energy's decisions are however appealed before the Higher Regional Court competent for the district in which the FCO has its seat (Section 73(4) GWB). Furthermore, the FCO's decisions are appealed before the Federal Court of Justice (Bundesgerichtshof) deciding in the first and last instance (Section 73(5) GWB). 

The appeal must be filed within one month of the competition authority's decision (Section 74 GWB).

Appeals against administrative proceedings have a suspensive effect (Section 66 GWB). However, the cartel authority may order the immediate enforcement of the decision even before an appeal is filed if required by the public interest or by the prevailing interest of a party (Section 67 GWB). The Court of Appeal may nonetheless restore the suspension of enforcement pending appeal. Appeals may be based on new facts and evidence.

Appeals from decisions imposing an administrative fine are covered by both the Administrative Offenses Act and the Code of Criminal Procedure. Whether to reopen proceedings regarding a cartel authority decision imposing an administrative fine is determined by the Courts of Appeal of the district in which the cartel authority sits.

Appeals on points of law from orders of the Court of Appeal may be made to the Federal Supreme Court (Bundesgerichtshof - BGH) where the Court of Appeal grants leave to do so (Section 77 GWB). The Court of Appeal must grant leave where the matter is of fundamental importance or is necessary to develop the law or ensure uniformity (Section 77(2) GWB). If the Court of Appeal refuses leave, it must state the reasons for doing so and that decision is subject to separate appeal. Appeal may be made to the Federal Supreme Court without leave where there is a procedural defect (e.g., the court was not properly constituted, the decision does not contain a statement of reasons, etc.) (Section 77(4) GWB).

Global Competition Law

324. Appeals against decisions of the cartel authorities

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

Les notions juridiques connexes

324. Appeals against decisions of the cartel authorities

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