Antitrust and competition criminal law
In the sphere of antitrust law, the criminal offense of anticompetitive arrangement in case of tenders (Sec 298 StGB) forms part of the core criminal law. In addition, there are numerous provisions under the law on fines under which conduct in violation of antitrust law may be prosecuted as an administrative offense. Competition violations may also have significant financial consequences for the affected company itself. The fines imposed by German and European antitrust authorities in connection with the skimming off of the financial advantage gained from the violation may be in the higher millions. German antitrust administrative offense proceedings are conducted in accordance with the provisions set forth in the Code of Criminal Procedure. This ranges from search measures to the conduct of a main trial with subsequent appeal proceedings.
The lawyers of our firm have long-standing experience in the defense against charges under antitrust law, in particular in investigation proceedings on account of a charge pursuant to Sec 298 StGB. Also due to our experience in the criminal procedure law, we are called in by antitrust lawyers so as to support the protection of corporate and individual interests in all stages of antitrust administrative offense proceedings, in recent years e.g. in the “sausage cartel”, “liquid gas cartel” and “elevator cartel”.