This site contains information about the functions and procedures of the Monopolies Commission, including details of what we investigate and how we conduct inquiries.
The basic law of our work is the Act against Restraints of Competition (ARC) (Link to the Federal Cartel Authority):
(1) Every two years, the Monopolies Commission [Monopolkommission] shall
prepare an opinion assessing the situation and the foreseeable development
of business concentration in the Federal Republic of Germany, evaluating the
application of the provisions concerning the control of concentrations, and
commenting on other topical issues of competition policy. The opinion should
cover the situation in the last two full calendar years and be completed by
June 30 of the following year. The Federal Government may instruct the
Monopolies Commission to prepare further opinions. Moreover, the
Monopolies Commission may deliver opinions at its discretion.
(2) The Monopolies Commission shall be bound only by the mandate established
by this Act, and shall be independent in pursuing its activities. If a minority
holds dissenting views when an opinion is drafted, it may express them in the
opinion.
(3) The Monopolies Commission shall submit its opinions to the Federal
Government. The Federal Government shall without delay submit opinions
pursuant to paragraph 1 sentence 1 to the legislative bodies and present its
views and comments within a reasonable period. The opinions shall be
published by the Monopolies Commission. In the case of opinions pursuant to
paragraph 1 sentence 1, this shall be done at the time at which they are
submitted by the Federal Government to the legislative body.
(1) The Monopolies Commission shall consist of five members who shall have
special knowledge and experience in the fields of economics, business
administration, social policy, technology or commercial law. The Monopolies
Commission shall elect a chairman from among its members.
(2) The members of the Monopolies Commission shall be appointed for a term of
four years by the Federal President on a proposal by the Federal
Government. Re-appointments shall be permissible. The Federal Government
shall hear the members of the Commission before nominating new members.
The members are entitled to resign from office by giving notice to the Federal
President. If a member leaves office prematurely, a new member shall be
appointed for the former member's term of office.
(3) The members of the Monopolies Commission shall not be members of the
government or any legislative body of the Federation or a Land, or of the
public service of the Federation, a Land or any other legal person under
public law, except as university lecturers or staff members of a scientific
institution. Furthermore, they shall neither represent nor be bound by a
permanent employment or service relationship to an industry association or
an employers' or employees' organisation. Furthermore, they shall not have
held such a position during the year preceding their appointment to the
Monopolies Commission.
(1) Decisions of the Monopolies Commission shall require the agreement of
at least three members.
(2) The Monopolies Commission has rules of procedure and a secretariat. The
function of the latter is to scientifically, administratively and technically
support the Monopolies Commission.
(2a) As far as required for the proper fulfilment of its functions the Monopolies
Commission shall be granted access to the files maintained by the cartel
authority, including access to operating and business secrets and personal
data.
(3) The members of the Monopolies Commission and the staff of the secretariat
shall be obliged to keep secret the deliberations and the documents
designated as confidential by the Monopolies Commission. The secrecy
obligation shall relate also to information given to the Monopolies Commission
and designated as confidential, or obtained pursuant to paragraph 2a.
(4) The members of the Monopolies Commission shall receive a lump-sum
compensation and they shall be reimbursed for their travel expenses. These
shall be determined by the Federal Ministry of Economics and Labour in
agreement with the Federal Ministry of the Interior. The costs of the
Monopolies Commission shall be borne by the Federal Republic.
Note: This excerpt is a non-official translation of the authentic German text - reference should also be made to the original German version: Gesetz gegen Wettbewerbsbeschränkungen (GWB).
For further information
Current and past reports of the Monopolies Commission: [Biennial Reports] and [Special Reports]
Current Members of the Monopolies Commission
Scientific, administrativ and technical staff of the Monopolies Commission
Contact and Address