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The German Federal Cartel Office releases new and much more stringent fining guidelines

01 July 2013

On 25 June 2013, the German Federal Cartel Office released new fining Guidelines for competition law infringements. The new fining Guidelines implement the German Federal Court of Justice’s recent decision, in which it overturned the current interpretation of Section 81(4), subsection 2 of the German Act Against Restraints of Competition (GWB) as the applicable 10% “cap” on the total amount of fines linked to consolidated worldwide turnover. The Court reinterpreted the 10% turnover threshold, instead, as the maximum level of a “range” within which fines could be set.