[eu]cite

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

Part 3 · Proceedings  ›  Chapter 5 · Common Provisions › Section 90

Information of and Participation by the Competition Authorities

(1) The German courts shall inform the Bundeskartellamt about all legal actions in which the decision depends in whole or in part on the application of the provisions of this Act, on a decision issued pursuant to these provisions, or on the application of Articles 101 or 102 of the Treaty on the Functioning of the European Union, or of Articles 53 or 54 of the Agreement on the European Economic Area or on the application of Regulation (EU) 2022/1925. This shall also apply in cases where these provisions are applied mutatis mutandis. Sentence 1 shall not apply to legal disputes on decisions pursuant to Section 42. The court shall, upon request, provide to the Bundeskartellamt copies of all briefs, records, orders and decisions.

(2) The President of the Bundeskartellamt may, if he considers it appropriate to protect the public interest, appoint from among the members of the Bundeskartellamt a representative authorised to submit written statements to the court, to point out facts and evidence, attend hearings, present arguments and address questions to parties, witnesses and experts in such hearings. Written statements made by the representative shall be communicated to the parties by the court.

(3) If the significance of the legal action does not extend beyond the territory of a Land, the supreme Land authority shall take the place of the Bundeskartellamt for the purposes of subsection (1) sentence 4 and subsection (2).

(4) Subsections (1) and (2) shall apply mutatis mutandis to legal actions which have as their subject matter the enforcement of a price set pursuant to Section 30 against a purchaser bound to such prices or against another undertaking.

(5) Upon request by a court having to decide on a claim for damages pursuant to Section 33a(1) sentence 1, the Bundeskartellamt may comment on the amount of the damage resulting from the infringement. The rights of the President of the Bundeskartellamt under subsection (2) shall remain unaffected.

(6) Subsection (1) sentence 4 and subsection (2) shall apply mutatis mutandis to legal actions before a court on substantial, permanent or repeated infringements of consumer protection law provisions which, due to their nature or scale, harm the interests of a large number of consumers. This shall not apply if the enforcement of the provisions under sentence 1 falls within the competence of other federal authorities.

←→ also move between sections