[eu]cite

Home› Competition & Unfair Trade Practices› GWB (EN)

Part 2 · Competition Authorities  ›  Chapter 1 · General Provisions › Section 50

Enforcement of European Law

(1) In derogation of Section 48(2), the Bundeskartellamt shall be the competent competition authority for the application of Articles 101 and 102 of the Treaty on the Functioning of the European Union within the meaning of Article 35(1) of Council Regulation (EC) No 1/2003.

(2) The Bundeskartellamt shall be the competent competition authority for cooperation in proceedings of the European Commission or the competition authorities of other Member States of the European Union for the application of Articles 101 and 102 of the Treaty on the Functioning of the European Union and for cooperation in the application of Regulation (EU) 2022/1925 by the European Commission. The procedural provisions that are relevant for the application of this Act shall apply.

(3) Officials of the competition authority of a Member State of the European Union, as well as other accompanying individuals authorised or appointed by this competition authority, shall be authorised to assist in searches and interviews carried out by the Bundeskartellamt on behalf and for the account of that competition authority pursuant to Article 22(1) of Regulation (EC) No 1/2003.

(4) In cases other than those specified in subsections (1) to (3), the Bundeskartellamt shall exercise the duties assigned to the authorities of the Member States of the European Union in Articles 104 and 105 of the Treaty on the Functioning of the European Union as well as in the regulations issued pursuant to Article 103 of the Treaty on the Functioning of the European Union, also in conjunction with Article 43(2), Article 100(2), Article 105(3) and Article 352(1) of the Treaty on the Functioning of the European Union. In the Advisory Committee on concentrations pursuant to Article 19 of Regulation (EC) No 139/2004, the Federal Republic of Germany shall be represented by the Federal Ministry for Economic Affairs and Energy or the Bundeskartellamt. Subsection (2) sentence 2 shall apply mutatis mutandis.

←→ also move between sections