Only the notices and information leaflets published on the Bundeskartellamt’s website (www.bundeskartellamt.de) are the official versions of the Bundeskartellamt's administrative principles. These currently include the following publications:

• Information leaflet on the German - control of concentrations
• Information leaflet on domestic effect
• Information Leaflet on Procedures for Post-Merger Notification (only available in German)
• Information leaflet on the possibilities of cooperation for small and medium-sized enterprises
• Notice on the Non-Prosecution of Cooperation Agreements of Minor Importance (“de minimis Notice”)
• Guidelines on the setting of fines
• Leniency Programme 
• Notice on the application of Section 20 (4) sentence 2 ARC (Offer below Cost Price) (only available in German)

Click here for information leaflets on the German control of concentrations, control of abusive practices and public procurement law.

Click here for Gesetz gegen Wettbewerbsbeschränkungen (German Competition Act – Act against Restraints of Competition, ARC).

In accordance with EC Regulation 1/2003 the Bundeskartellamt has been obliged from 1 May 2004 to apply Art. 101 or Art. 102 TFEU in addition to national competition law to agreements between companies, decisions of associations of companies, concerted practices and abusive conduct which are likely to affect trade between the Member States. According to Art. 3 (2) of Regulation 1/2003, Article 101 TFEU takes precedence over the application of national regulations.

With the entry into force of the 7th Amendment to the ARC on 1 July 2005, national law was closely aligned with European competition law. The Bundeskartellamt therefore amended its information leaflets on the possibilities of cooperation for small and medium-sized enterprises and the non-prosecution of cooperation agreements of minor importance (“de minimis Notice”) and made these public in March 2007.
Questions raised by individual cases should be clarified with the competent decision division.

In addition you will also find a list of recommended general terms and conditions of business as notified to the Bundeskartellamt.

Apart from the Bundeskartellamt, the competition authorities of the “Länder“ are also contact partners for the application of competition law.

Click “Activity Report” for illustrations of how and by what principles the Bundeskartellamt applies competition law.