Liability for Antitrust Infringements - Country Report Germany

Public enforcement of competition law in Germany is well-established and follows relatively clear rules. Two routes are available: an administrative proceeding that may lead to prohibition decisions and minor remedies, and a quasi-criminal regulatory offence proceeding that also allows for the imposition of regulatory fines. Liability for competition law offences may attach to the responsible companies, their representatives, i.e. employees in managing roles, parent companies and economic or legal successors. The only competition law offence that is considered a crime is bid-rigging, which can only be committed by individuals. With regard to private enforcement, the picture is less clear. It is much debated, for example, whether parent companies and/or individuals can be liable for antitrust damages. Furthermore, contribution and reimbursement claims have recently become a controversial issue. The chapter also sheds light on recent reform debates in Germany, including on shifting public enforcement towards a purely administrative system and the further criminalisation of competition law offences