Cleary Gottlieb associate Philipp Kirst authored the book, The Impact of the Damages Directive on the Enforcement of EU Competition Law, which was published in the New Horizons in Competition Law and Economics series by Edward Elgar Publishing.
The FCO’s Enforcement Actions In 2021 In Relation To Resale Price Maintenance
In 2021, the German Federal Cartel Office (“FCO”) concluded three major proceedings on resale price maintenance and vertical price fixing. It fined five musical instrument companies a total of € 21 million for resale price maintenance and horizontal price-fixing, a backpack maker € 2 million for setting minimum retail prices, and consumer electronics manufacturer € 7 million for resale price maintenance. These cases illustrate that the FCO considers resale price maintenance a serious infringement for which it imposes significant fines.
Developments In 2021 In Relation To Horizontal Agreements
In 2021, the German Federal Cartel Office (“FCO”) concluded a long-lasting proceeding into price fixing and information exchange in the stainless steel sector after it had already in early 2021 fined steel forgers € 35 million for information[1], while it unsuccessfully defended its decision relating to an alleged “Kölsch” beer cartel before the Düsseldorf Court of Appeal (“DCA”). The FCO will find itself before the courts again soon as it has appealed the DCA’s “Kölsch” beer cartel judgment and two undertakings have appealed the FCO’s stainless steel cartel decision.