The Bundeskartellamt has today published guidelines on the conformity of cooperatives with competition law.

Andreas Mundt, President of the Bundeskartellamt: “Working together as a cooperative can enable smaller companies in particular to strengthen their position in the market. Cooperatives play an important role in many sectors of Germany’s economy and often help to stimulate competition. At the same time the special form of organisation in cooperatives also raises competition law issues. With these guidelines we aim to provide small and medium-sized cooperatives in particular with guidance to enable them to better navigate the thin line between admissible collaboration on the one hand and conduct which is prohibited under competition law on the other.”

Using practical examples, the guidelines explain the background, purpose and scope of the prohibition of anti-competitive agreements and outline the possible scope of cooperative activities. In the guidelines reference is made to the relevant decisions of the Bundeskartellamt and the European Commission. The guidelines also provide useful information on new forms of digital distribution and cooperation.

Against the backdrop of the Bundeskartellamt’s previous proceedings concerning cooperatives and in view of the structural changes in agricultural trade and the increase in online sales, the 2018 Coalition Agreement concluded between the parties CDU, CSU and SPD stipulated that guidelines on the conformity of cooperatives with German competition law be issued. Today’s publication follows a public consultation on the first draft of the guidelines (see press release of 4 May 2021). The Bundeskartellamt has assessed and taken account of the many comments from different market participants and interested parties.

The guidelines on the conformity of cooperatives with competition law can be found on the Bundeskartellamt’s website (in German only).