Germany: Implemented 11th Amendment to Act against Restraints on Competition including additional powers for the Federal Cartel Office

On 7 November 2023, the 11 Amendment to the Act against Restraints on Competition (the Competition Enforcement Act) entered into force. The Act facilitates the process by which the Federal Cartel Office (Bundeskartellamt, FCO) determines the amount that should be confiscated from companies that derive profits from competition law violations. Under the Act, it is assumed that an entity found in violation of antitrust law has gained an additional profit, and this additional profit accounts for at least 1% of the revenue generated with the products or services in question. This profit may be skimmed in addition to the fine issued following a conviction.