Kartell- und Wettbewerbsrecht-Compliance | Fieldfisher
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Antitrust and Competition

Antitrust and competition offences have increasingly become the focus of the authorities in recent years. Infringements often remain undetected until the antitrust authorities visit or are only discovered when it is already too late. Insufficient or even non-existent compliance can result in fines of up to 10 % of annual company-wide turnover and up to EUR 1 million for the persons responsible.

Antitrust risks

Antitrust and competition law - the number 1 liability trap

Our strength lies in our ability to pre-emptively assess antitrust compliance warning signs and to find legally reliable measures and solutions that effectively counteract antitrust and competition law violations and avoid or significantly reduce liability sanctions. We are a leading German provider in the field of antitrust compliance and have received several awards.

Examples of Antitrust risks


Contacts with competitors

  • Competitor co-operations
  • Exchange of information within trade associations
  • Purchasing groups
  • Participation in market information systems
  • Agreements on prices, customers or business areas, but also on less familiar topics such as poaching employees
  • No-poach agreements; information exchange regarding wages

    Agreements with customers and suppliers
  • Resale price maintenance, enforcement of recommended resale prices-,
  • Non-compete obligations, restrictions on sales territories

    Abusive behaviour by dominant companies
  • Discrimination against dealers
  • Exclusivity

Why so important today?

  • Major customers demand proof of antitrust compliance
  • Increasing awareness of compliance obligations
    • Düsseldorf Higher Regional Court: "The necessary supervisory measures include not only the careful selection of the relevant personnel, but also random, surprise checks on employees."
  • Digitalisation poses new challenges for compliance systems
  • Threat of corporate liability
    • Violations are prosecuted (German competition autority regularly imposes fines on natural persons)
    • Damages proceedings against company managers
  • High risk of damages
    • Compensation for damages is politically desired and promoted by the legislator (comprehensive innovations through the 9th amendment to the ARC)
  • Significantly higher fines today
  • Higher prosecution intensity: many more cases
    • Dramatically higher probability of detection
    • Many cases are uncovered through bonus applications
  • Greater intensity of prosecution: not only price fixing
    • Also unlawful exchange of information or vertical infringements (enforcement of price recommendations)
  • Reduction of fines
    • Some antitrust authorities reduce fines if the company has installed a compliance programme - also according to German Law
    • ->Which standards for antitrust compliance must be met?
  • More resources for detection at the Federal Cartel Office
    • More staff/creation of a new department for cartel prosecution.

Approach and Range of Services

Our approach

We start before it's too late. That's why we take a preventive approach by checking whether your company has the necessary compliance structures in place and work with you to develop suitable solutions. Proper (also group-wide) compliance structures can avoid liability risks for the management or even achieve exemption from liability in individual cases. We scrutinise compliance structures, explain potential risks and advise on improvements. 

We carry out compliance audits in order to identify and minimise potential risks in good time and remedy possible misconduct. Compliance audits also help to ensure that the management can demonstrate that it is fulfilling its supervisory duties in this respect.

Range of services

We adapt our services flexibly to the needs and existing structures of our clients. This enables us to offer you a customised service tailored to your requirements:

  • Tailor-made and cost-efficient compliance programmes 
  • Training and further education
  • Preparation of compliance documents: Guidelines and policies, corporate brochures, Q&As, code of conduct
  • Dawn raid: support during official searches and preparation for emergencies, creation of checklists and manuals, international coordination
  • Audits: Interviews with selected risk carriers, document review, IT searches, reporting

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