Case summary: Revocation of orders imposing fines against Etex Holding and termination of fines proceeding against CEO involved

03.06.2013

In 2008/2009 in proceedings against clay roof tile manufacturers (see case summary ref. B1-200/06), the Bundeskartellamt imposed fines against the then managing director of Etex Hold-ing GmbH as the individual personally involved and against Etex Holding GmbH as the com-pany concerned for breaching their duty of supervision, Section 130 of the Act on Regulatory Offences (Ordnungswidrigkeitengesetz, OWiG). The parties appealed against the orders impos-ing the fines.
Further investigations by the Bundeskartellamt in the interim proceedings following the appeals showed that the former managing director left the board of directors of Etex Holding GmbH just a few days before the cartel agreement was made. This had not yet been visible from the com-mercial register when the order imposing the fine was issued. The relevant documents were only submitted by the former managing director with his appeal.

To the topic

Use of cookies

Cookies help us to provide our services. By using our website you agree that we can use cookies. Read more about our Privacy Policy and visit the following link: Privacy Policy

OK