Germany/EU, 2005

Score = 25

Governed by: Articles 81 and 82 of the Treaty on European Union [hereafter EU Treaty], and European Commission Regulations 1/2003 [hereafter "CR 1/2003"] and 139/2004 [hereafter “CR 139/2004], as well as national legislation.

Category	Subcategory	Score	Comment
Scope	Extraterritoriality	1	EU law governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003. §130(2) of the German Competition Act extends the Competition Act to all acts that have an effect in Germany.
Remedies	Fines	1	§81(1)(1) of the German Competition Act says that the Cartel Authorities may impose administrative fines.
	Prison Sentences	0
	Divestitures	1	Article 7 of CR 1/2003 allows for structural remedies.
Private Enforcement	3rd Party Initiation	1	§32 of the German Competition Act says that 3rd parties may apply to the Cartel Authority to investigate RPM.
	Remedies Available to 3rd Parties	1	§33 of the German Competition Act says that 3rd parties may initiate private suits for damages incurred as a result of a violation of the Competition Act.
	3rd Party Rights in Proceedings	1	§54(3) of the German Competition Act allows 3rd parties whose interests will be substantially affected by the decision to be admitted as intervening parties to the proceedings before the Cartel Authority.
Merger Notification	Voluntary	0
	Mandatory	3	§37 of the German Competition Act requires notification of an impending merger to the FCO.
	Pre-merger	2	§37 of the German Competition Act requires this notification to occur before the merger had been put into effect.
	Post-merger	0
Merger Assessment	Dominance	1	§36(1) of the German Competition Act says that a merger is permissible unless it strengthens or creates a dominant position.
	Restriction of Competition	0
	Public Interest (Pro D)	0
	Public Interest (Pro Authority)	0
	Other	0
	Efficiency	0
Dominance	Limits Access	1	Article 82(b) of the EU Treaty prohibits abuse of a dominant position.
	Abusive Acts	1	Article 82 of the EU Treaty prohibits abuse of a dominant position.
	Price Setting	1	Article 82(a) of the EU Treaty prohibits price setting.
	Discriminatory Pricing	1	Articles 81(1)(d) and 82(c) of the EU Treaty, prohibit discrimatory conditions.
	Resale Price Maintenance	1	Article 81 of the EU Treaty prohibits minimum resale price restrictions.
	Obstacles to Entry	1	Article 82 of the EU Treaty prohibits anti-competitive pricing schemes.
	Efficiency Defense	0
Restrictive Trade Practices	Price Fixing	1	Articles 81(1)(a) of the EU Treaty prohibits price fixing.
	Tying	1	Articles 81(1)(e) and 82(d) of the EU Treaty prohibit tying.
	Market Division	1	Article 81 of the EU Treaty prohibits customer allocation clauses.
	Output Restraint	1	Article 81(1)(b) of the EU Treaty prohibits limiting production.
	Market Sharing	1	Article 81(1)(c) of the EU Treaty prohibits market sharing.
	Eliminating Competitors	1	Article 81(1) of the EU Treaty prohibits agreements that have the purpose or effect of eliminating competition.
	Collusive Tendering/Bid-Rigging	1	Article 81 of the EU Treaty prohibits bid-rigging.
	Supply Refusal	1	Article 81(1)(b) of the EU Treaty prohibits supply refusal.
	Efficiency Defense	1	Article 81(3) of the EU Treaty allows an efficiency defense.