The European Anti-trust Law which has widely adapted to the German one, serves the protection of the genuine competition and the prevention of restraints of trade. The subject of protection is no other as the end user who profits, e.g., from a huge number of suppliers at the market and whom the cartel-illegal method damages, e.g., standardised high prices of the industrial giants on the basis of confidential agreements.
As the Federal Cartel Office has informed, the food giant Kraft Food Deutschland GmbH provided with essential information in the preliminary proceedings against the three most important German coffee roasters; Melitta, Dallmayr and Tschibo. Just before Christmas, the Federal Cartel Office imposed a fine of 160 million euro to the three coffee roasters.
Press release No. 36/2009 of LG München I (Regional Court Munich I) dated 11/12/2009, file number: 9 HK O 9435/09
Savings banks may refuse the drawing of money from a cash point using a credit card of a direct bank. Since a local savings bank has no leading position in the nationwide bank business, it does not act unfairly towards the direct banks.
Decision of OLG Dusseldorf (Higher Regional Court) of 09/09/2009, file number: VI-Kart 13/08 (V)
Within the scope of the milk price offensive is illegal, concerning anti-trust law, to call for boycott of the dairies which were supplied with raw milk. It is forbidden to call other enterprises, here other farmers, with the intention for block the delivery to unfairly damage in the competition certain third enterprises, the dairies. The publication of circulars and statements to the press support the boycott, while they do not limit themselves to the bare shifting of information.
Judgement of the EuGH (ECJ) of 06/10/2009, file number: C-501 / 06
In parallel trade with medicaments it is not allowed to meet an arrangement with national wholesalers in which different prices are arranged. Prices in the resale of a refundable medicament to national chemist’s and hospitals should be lower as the required prices for an export from another member state.
Judgement of EuGH (European Court of Justice) of 04/06/2009, file number: C-8/08
A single meeting between competitors may constitute a concerted practice in breach of antitrust law, also if there is no actual prevention, restriction or distortion of competition. A concerted practice pursues an anti competitive object for the purposes of Article 81(1) EC where, according to its content and objectives and having regard to its legal and economic context, it is capable in an individual case of resulting in the prevention, restriction or distortion of competition within the common market.