Germany, Fieldfisher (Germany) LLP updates

Competition & Antitrust

Contributed by Fieldfisher (Germany) LLP
FCO provides further information on development of B2B internet platform
  • Germany
  • 19 November 2020

The Federal Cartel Office (FCO) has given further advice on the development of a business-to-business internet platform in a recently published case report on OLF Germany. The FCO's main concerns are the increased transparency between competitors on the platform and the transfer of information to OLF's shareholder Shell.

FCO continues to act against price fixing by manufacturers against distributors: Alhambra guitars
  • Germany
  • 22 October 2020

Under pressure from the Federal Cartel Office (FCO), guitar manufacturer Alhambra has distanced itself from influencing the selling prices of wholesalers and distributors. The FCO investigated Alhambra on the suspicion that it had exerted pressure on wholesalers and distributors to comply with minimum prices on the German market and urged distributors to raise their retail prices. The FCO has been active in the field of price fixing in recent years and this article provides a historic round-up of cases.

Federal Court of Justice rules on statute of limitations for bid-rigging agreements
  • Germany
  • 15 October 2020

The Federal Court of Justice recently issued a decision on the statute of limitations for bid-rigging agreements. According to the court, the limitation period does not begin with the conclusion of the contract resulting from the anti-competitive agreement; rather, it begins later with the complete execution of the contract.

Resale price maintenance? Not every discussion on reseller's pricing is illegal
  • Germany
  • 08 October 2020

In Germany, any form of pressure not to reduce prices below a certain level (including the granting of advantages) is prohibited. However, the Dusseldorf Higher Regional Court has clarified that not every discussion on resale prices is prohibited. Even the termination of a supply relationship by the supplier due to the retailer's sales prices failing to meet its expectations is permissible. However, suppliers should beware: threatening a retailer with non-supply if they fail to enforce a certain price level is illegal.

FCO publishes annual report: focus on high fines and digital economy
  • Germany
  • 01 October 2020

The Federal Cartel Office (FCO) recently published its Annual Report 2019. This article highlights the topics which the FCO covered in its report, including COVID-19, cartel prosecution, merger control, the digital economy, the energy industry, trade, consumer protection and the Competition Register.

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