While the competition law is to ensure, that the behavior of a competing company not to be underestimated degree of ,,Has integrity ", serves the goal of antitrust law, that if competition exists. Since the 1999 introduced the sixth amendment to the Act against Restraints of Competition learned the German Antitrust significant changes, structural rearrangements, as the merger proceedings, besides adjustments to European standards and new rule contents, as the procedure. In the area of mergers and collaborations takes Horak Attorneys both the national and the European legal merger.
Also off merger antitrust considerations play, whether in sales contracts, License agreements, im Franchising o. ä. Agreements between competitors and peers not only since the media-fines the EU a permanent role. Because often the legal validity of contracts also depends largely on antitrust standards.
What's antitrust ?
The Unfair Competition Law (commonly referred to competition law, advertising law) wants to interact with the antitrust protect competition. Also "antitrust" is therefore called sometimes as "competition law". Nevertheless remain only occasional overlap between the two areas of law in practice: Expressed extremely simplified serves antitrust cartels while avoiding unfair competition law seeks to regulate individual actions advertising between market participants.
In Germany, the Federal Cartel Office (together with the national competition authorities) responsible for the protection of competition.
Where is regulated by antitrust ?
The Act against Wettbewerbsbeschrnkungen (GWB), short Antitrust Law, for the 1. January 1958 entered into force and has since been revised six times, least through a comprehensive amendment of 1999, German competition law regulates. Apart from Germany, in particular, the importance of European competition law, and is usually caused by the European Commission - Executed - as the competition authority at EU level.
What part of the antitrust ?
The essential aspects of today's anti-trust law, the enforcement of the antitrust, the implementation of the Merger and the pursuit of abusive practices by dominant firms. Since the 1. January 1999 is the protection of bidders in the award of public contracts to fore.
What does the Federal Cartel Office ?
The Federal Cartel Office may prohibit particular combinations, prohibit abusive practices, Impose conditions and impose fines. The Cartel Act grants the Federal Cartel Office also an extensive investigative powers. The Federal Cartel Office Online offers various further information.
As decisions of the Federal Cartel come into being ?
The antitrust decisions of the Federal Cartel Office to be made in a similar process of judicial decision divisions, whose powers are defined by industry.
What we need, to process your antitrust question ?
Antitrust law, the three different aspects of antitrust, merger (Merger control) concern, and public procurement. All details must be discussed and because of the typical complexity and frequent-most strictly possible confidentiality in individual cases.