Germany

The Bundeskartellamt is an independent federal authority. State cartel authorities (Landeskartellbehorden) handle local cases. Appeals go to the Dusseldorf Higher Regional Court, then the Federal Court of Justice.

GWB Section 1 (mirroring Article 101 TFEU) prohibits anti-competitive agreements. Cartels subject to fines of up to 10% of group worldwide turnover. Active enforcement in construction, automotive, and consumer goods.

Assessed under GWB Section 1 in conjunction with EU VBER. German-specific provisions on below-cost selling and unfair trading practices under GWB. Active enforcement against RPM, particularly in online distribution.

GWB Section 19 prohibits abuse of a dominant position. Section 20 addresses relative market power and dependency. Section 19a (introduced 2021) enables intervention against companies of paramount significance across markets without proving market dominance.

Mandatory pre-notification for mergers meeting turnover thresholds (combined worldwide >EUR 500m and at least two parties >EUR 50m and EUR 17.5m Germany turnover) or transaction value threshold (>EUR 400m, introduced in 2017). Phase 1 (one month) and Phase 2 (four months).

Leniency programme based on EU model. Full immunity for first applicant, reductions for subsequent applicants. Marker system available. Programme implemented through BKartA Notice on Immunity from and Reduction of Fines.

Settlement procedure available for cartel cases. Commitment decisions under GWB Section 32b allow parties to offer remedies without infringement finding. Used frequently in abuse of dominance and merger cases.

Administrative fines up to 10% of group worldwide turnover. No criminal sanctions for competition violations in Germany (administrative offences only). Disgorgement of profits also available. Personal fines for responsible individuals.

Pioneer in digital competition with Section 19a GWB (2021) — paramount significance across markets. Proceedings against Alphabet/Google, Meta/Facebook, Amazon, Apple, and Microsoft under Section 19a. Supplemented by EU DMA enforcement.

Section 19a allows BKartA to prohibit specific conduct by designated companies without first proving abuse, significantly lowering the enforcement threshold for digital platforms.

BKartA has general jurisdiction. Bundesnetzagentur (telecoms, energy, rail, post) has concurrent competition competences. BaFin (financial services) cooperates on financial sector competition matters.

BKartA has search and seizure powers (with court order). Can inspect business premises, seize documents, and access electronic data. Cooperation with national and EU authorities for cross-border investigations.

Active private enforcement regime. EU Damages Directive implemented through 9th GWB Amendment (2017). Follow-on and standalone claims. Passing-on defence codified. Collective action mechanisms being developed.

BKartA cooperates extensively with EU DG Competition and NCAs through the ECN. Bilateral cooperation with US DOJ/FTC, UK CMA, and other major authorities. Active in ICN and OECD.

Section 19a proceedings against Big Tech (Alphabet, Meta, Amazon, Apple all designated). Data-driven abuse of dominance cases. Active cartel enforcement in steel, automotive parts, and food retail. Focus on algorithmic pricing.