In a considerable shift within German legislation, the German Parliament passed the 11th amendment to the German Act Against Restrictions of Competition (ARC) on July 6, 2023. This amendment substantially expanded the Federal Cartel Office’s (FCO) enforcement authority. The modification draws attention to three primary areas.
- It awards the FCO the competency to implement behavioral or structural remedies subsequent to sector inquiries.
- The amendment further facilitates the disgorgement of benefits that sprout from anticompetitive practices.
- Lastly, it empowers both public and private enforcement of the EU law.
Refer to the original announcement here for a comprehensive understanding of this development.
This underlines a significant back-and-forth in the European Union’s, especially Germany’s legislative sphere, specifically dealing with issues related to competition. The legal professionals and corporate entities are advised to consider these changes critically to ensure compliance, as well as to evaluate how these shifts in legislation may impact their respective sectors and operations.