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Public procurement

Apart from the enforcement of the ban on cartels, the control of abusive practices and merger control, the Bundeskartellamt is also responsible for the review of award proceedings of the Federation and award proceedings of public contracting entities attributable to the Federation. Since 1999, the federal public procurement tribunals established at the Bundeskartellamt have fulfilled this task.

The federal public procurement tribunals

Currently, two federal public procurement tribunals are established at the Bundeskartellamt where they process applications for review proceedings on the basis of Sections 160 ff of the German Act against Restraints of Competition (German Competition Act, GWB). The public procurement tribunals of the respective federal states (Länder) are competent for public contracts falling within the scope of responsibility of the Länder. The legal basis for the establishment and organisation of the public procurement tribunals is laid down in Sections 155 ff GWB.

The organisational structure of the public procurement tribunals is similar to that of a court of law as they exercise their functions independently and on their own responsibility within the limits of the law.

Public procurement law

The reviews are carried out on the basis of Sections 97 ff of the GWB if the contract volumes exceed certain values (so-called thresholds) laid down under European Community Law. Public procurement law ensures that public contracts are awarded in competitive, transparent and non-discriminatory procedures.

Further information about the federal public procurement tribunals and the principles of legal protection in the award of public contracts as well as details about the review procedure can be found in the Bundeskartellamt's information leaflets on legal protection in the award of public contracts.

Further information about the tasks and decision practice of the federal public procurement tribunals can also be found in the Bundeskartellamt’s Activity reports and its Information brochure.