Beyond ECN Directive – Empirical Study Mapping Judicial Review of National Competition Law Decisions – National Report: Germany

Abstract

This paper is the national report for Germany in the project "Mapping Judicial Review of Competition Law Decisions", directed by Or Brook and Barry Rodger. The project is based on an empirical exercise with all decisions taken in judicial review of competition law cases between 2004 and 2020 (excluding merger cases and private enforcement). In this report, we analyse the data. The cases were decided by the Oberlandesgericht Düsseldorf (Higher Regional Court) and the Bundesgerichtshof (Federal Supreme Court), the two German institutions that have judicial control over the Bundeskartellamt (Federal Cartel Office, the national competition agency). A major caveat is that publication of decisions in Germany is weak. According to our interpretation, the data show inter alia a decline in judicial review (in numbers) and very little reference to European competition law.

Keywords: antitrust, competition law, judicial review, Germany, Bundeskartellamt