On June 8, 2021, the FCO published its draft “Guidelines for the premature deletion of an entry in the Competition Register due to self-cleaning”[1] as well as its draft “Practical guide on filing an application for premature deletion”.[2] In addition, it opened public consultations on the drafts. Interested parties were invited to submit their comments by July 20, 2021.

The Competition Register for Public Procurement[3], which has been in operation since March 2021, records companies that have committed economic offenses and are therefore excluded from public procurement procedures. Pursuant to the Competition Register Act (Wettbewerbsregistergesetz), the procedure for a premature deletion due to “self-cleaning” requires, among other things, that the company must compensate for the damage caused by its misconduct, actively cooperate with the investigating authorities and implement technical, organizational and personnel measures to prevent further misconduct (i.e., compliance measures).

The Competition Register Act also provides that the FCO must decide on such requests for premature deletion and further specify the legal requirements for “self-cleaning” in corresponding guidelines.

[1] See the publication only available in German here. A press release dated June 8, 2021 is available in English here and in German here.

[2] See the publication only available in German here.

[3] See the FCO’s Press Release dated March 25, 2021 available in English here and in German here.