The Bundeskartellamt has issued a formal position regarding the proposed 12th amendment to the German Act against Restraints of Competition. While the cartel authority welcomes the government’s initiatives to make antitrust procedures faster and more efficient , it warns that several elements of the draft create significant enforcement gaps that could leave the German economy vulnerable.
A primary highlight of the draft amendment is the introduction of a digital tender screening system. This mechanism empowers the Bundeskartellamt to systematically analyze public procurement data to detect illegal price-fixing and market-splitting among bidders. This tool, which has already been successfully utilized in countries like Denmark and Spain , is expected to deter bid-rigging and protect public funds, gaining even greater relevance alongside Germany’s €500 billion infrastructure and climate fund.
Conversely, the watchdog strongly criticizes the planned increase in financial thresholds for merger control. Over a short three-year period, domestic revenue thresholds would experience a cumulative increase of up to 300%. The Bundeskartellamt argues that the projected bureaucratic cost savings of a few million euros are heavily outweighed by potential macroeconomic damages. By the government’s own estimates, these relaxed regulations will allow at least one anticompetitive merger to pass completely unchecked every year, which threatens to drive up consumer prices and diminish media diversity.
The authority also regrets that the draft fails to address the systemic “linked offender” problem regarding corporate fines. Under current German law, a corporation can only be fined if a specific high-level executive is proven to have personally committed the antitrust violation. Large multinational conglomerates and digital economy firms frequently exploit this structural gap through complex international management frameworks, making local liability exceedingly difficult to establish. The Bundeskartellamt urges an alignment with European Union legal standards, where corporate liability is triggered by any individual authorized to act on behalf of the company.
Finally, while the regulator welcomes streamlining measures like making appeals to the Federal Supreme Court direct and hassle-free , it advises against expanding formal decision requirements to vertical agreements, which would place an unnecessary resource burden on the administration. The watchdog maintains that for Germany to preserve a fair and competitive marketplace, its primary regulator must be equipped with sharper enforcement mechanisms rather than facing restricted oversight capabilities.
