What is Competition Law?
Competition law (German: Wettbewerbsrecht) is an umbrella term for all legal provisions ensuring fair and free competition. It encompasses antitrust law (protecting competition as an institution) and unfair competition law (protecting against unfair business practices).
Two Pillars
| Pillar | Legal Source | Protection |
|---|---|---|
| Antitrust law | GWB, Art. 101/102 TFEU | Competition as institution |
| Unfair competition law | UWG | Against unfair practices |
Competition Law and Procurement Law
Procurement law is closely linked to competition law. Both protect free competition, with procurement law specifically addressing public contract awards. Procurement law is Part 4 of the GWB — directly within the Competition Act.
Competition Principle in Procurement
§ 97(1) GWB requires sufficient bidder numbers, no artificial competition restrictions, product neutrality in specifications, and equal opportunity for all bidders.
Anti-Competitive Behavior
By bidders: bid-rigging, predatory pricing, bribery. By authorities: product-specific specifications, bidder favoritism, unequal information, artificial restrictions.
Federal Cartel Office
The Federal Cartel Office (BKartA) is Germany's central competition authority, pursuing cartel violations, merger control, and abuse supervision. The federal procurement chambers are located at the BKartA.
Practical Tip
Patterno supports fair competition by making tenders transparent and accessible to all companies regardless of size or location.