Germany: Published Draft 11th Amendment to Act against Restraints on Competition including penalties for violations of antitrust law

On 20 September 2022, the Federal Ministry of Economy and Climate Protection (BMWK) published a draft Bill, the 11. Amendment to the Act against Restraints on Competition. The Bill would facilitate the process by which the Federal Cartel Office determines the amount that should be confiscated from companies that derived profits from competition law violations. The Bill would introduce the presumption that an entity found in violation of antitrust law has attained an advantage of 1% of its domestic sales based on its anti-competitive behaviour. The companies would be obliged to transfer 1% of their profits to the authorities in addition to the fine issued following their conviction.