Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

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4. Results: Answers
Cartels
7.
Appeal
7.1
Can the defendant company appeal the enforcement authorities’ decision? If so, which decisions of the authority can be appealed (eg, all decisions or just the final decision) and to which reviewing authority? What is the standard of review applied by the reviewing authority (eg, limited to errors of law or a full review of all facts and evidence)?
Germany

Answer ... Fine decisions of the Federal Cartel Office (FCO) can be appealed to the Dusseldorf Higher Regional Court. The court conducts a full review of all facts and evidence. Appeal decisions of the Dusseldorf Higher Regional Court may be appealed to the Federal Court of Justice if the Dusseldorf Higher Regional Court grants leave to appeal. A refusal to grant leave to appeal may be appealed to the Federal Court of Justice. A review of the appeal decision by the Federal Court of Justice is limited to errors of law.

For more information about this answer please contact: Mathias Stöcker from Shearman & Sterling LLP
7.2
Can third parties appeal the enforcement authorities’ decision, and if so, in what circumstances?
Germany

Answer ... Decisions of the FCO in cases concerning cartel law infringements may be appealed only by the parties to the proceedings before the FCO. In such cases, the parties to the proceedings before the FCO are primarily the undertakings against which the proceedings are directed. Unless third parties whose interests will be substantially affected by the FCO decision have been admitted by the FCO upon their application to the proceedings, they are not parties to the proceedings before the FCO and cannot appeal the FCO decision.

For more information about this answer please contact: Mathias Stöcker from Shearman & Sterling LLP
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Topic
Cartels