What is the GWB?
The Act against Restraints of Competition (GWB) is Germany's central competition law. The fourth part (§§ 97-184 GWB) governs public procurement law for contracts above EU thresholds.
Key Provisions
- § 97 GWB: Procurement principles (competition, transparency, equal treatment)
- § 122 GWB: Suitability of companies
- § 127 GWB: Award criteria
- § 160 ff. GWB: Review procedures
Scope of Application
The GWB applies to:
- Contracts above EU thresholds
- Public contracting authorities (federal, state, municipal)
- Sector contracting entities (energy, water, transport)
Legal Protection
The GWB also governs legal remedies:
- Procurement chambers as first instance
- Higher Regional Courts as appeal instance