The German Federal Cartel Office (FCO) has published new guidelines on its leniency programme and on the setting of fines in cartel proceedings.
The previous guidelines date from 2006 and 2013 respectively. The FCO has now revised the guidelines in order to adapt them to the new legal provisions regarding leniency applications and fines that were introduced with the latest reform of the Act against Restraints on Competition (ARC) at the beginning of 2021. This reform implemented the ECN+ Directive.
While the new guidelines do not completely overhaul the previous regimes there are still some notable changes. This is the case in particular as regards the setting of fines.