The Criminal Law of Competition and Cartels

The state protects free competition by a number of criminal sanctions and fines. Competitive bidding, in particular, is attended by diverse and often-underestimated risks. The handling of trade secrets and intellectual property also contains traps for the unwary relating to criminal law.

In addition to bid-rigging (§ 298 Penal Code) and the disclosure of trade secrets (§ 17 Act Against Unfair Competition), the fine provisions of the Law on Restrictions on Competition are particularly feared owing to the severity of potential sanctions. A violation of cartel law can also quickly lead to investigations for breach of trust (§ 266 Penal Code) and tax evasion (§ 370 Fiscal Code).

We can counsel firms on how to spot such risks early. If an investigation is started, we will provide a diligent defense, in consultation with colleagues versed in competition law, to ensure comprehensive protection of our clients’ interests at all levels.