State cartel authority

The state cartel authority ensures competition in the economy.

It is always active when it comes to distortions of competition between Hamburg companies, the effects of which do not extend beyond the area of the Free and Hanseatic City of Hamburg. Then the cartel supervision applies according to the law against restraints of competition (GWB). The Federal Cartel Office, which also decides on company mergers in accordance with the GWB, is responsible across the federal states. The competition authority at European level is the European Commission (Directorate-General for Competition).

The state cartel authority can punish violations of the GWB through administrative or administrative fine proceedings.

Participants in a cartel who, through their cooperation, help to uncover a cartel, can have their fine waived or reduced according to the bonus scheme. Details of the Bundeskartellamt's bonus regulation can be found under the keyword “Bonus regulation” on the Bundeskartellamt's homepage (www.bundeskartellamt.de).
In accordance with this regulation, bonus applications can also be submitted to the state cartel authority, provided that it is responsible. The declaration of willingness to cooperate (marker) as well as the complete application are only accepted in writing and in German.

Anonymous reports on cartel violations - including those that may affect Hamburg - can be received by the Bundeskartellamt via a whistleblower system. Further information is available under the heading “Information on antitrust violations” on the Bundeskartellamt's homepage (www.bundeskartellamt.de).

If the law against unfair competition (UWG) is violated, the state cartel authority cannot take action. However, the Federal Network Agency can punish unauthorized telephone advertising towards consumers as an administrative offense.
Disputes in the area of the UWG between market participants are decided by the civil courts alone. Information is provided by consumer protection and business associations.