by Martina Maier and Philipp Werner
The German Federal Cartel Office (FCO) has recently published new Guidelines for the Setting of Fines. These guidelines implement the recent decision by the German Federal Supreme Court (BGH, judgment of 26.02.2013), according to which the 10 percent maximum fine does not constitute a cap but the upper limit of the fining range.
With these guidelines, the German FCO departs from the method of sitting fines used by the EU Commission and other competition authorities.
