What is Antitrust Law?
Antitrust law (German: Kartellrecht) protects free competition and prohibits anti-competitive agreements. In public procurement, bid-rigging represents the most serious antitrust violation.
Legal Framework
EU level: Art. 101, 102 TFEU. German level: GWB §§ 1–96 (competition), GWB §§ 97–184 (procurement). Criminal law: § 298 StGB (bid-rigging).
Bid Rigging
Prohibited forms include price-fixing, market allocation, cover bidding, bid rotation, and bid suppression.
Criminal Consequences
§ 298 StGB: imprisonment up to 5 years. § 263 StGB (fraud): if the authority is deceived about competitive nature.
Fines and Sanctions
The Federal Cartel Office can impose fines up to 10% of worldwide annual turnover (§ 81c GWB), plus disgorgement and damages.
Leniency Program
First company to expose the cartel receives full fine immunity. Further companies may receive up to 50% reduction.
Procurement Consequences
Antitrust violations lead to exclusion from procedures (§ 124(1) No. 4 GWB), procurement bans, with self-cleaning possible (§ 125 GWB).
Practical Tip
Antitrust violations in procurement are increasingly detected and harshly punished. Patterno helps you maintain oversight of relevant tenders and submit competitive, legally compliant bids.