In principle, antitrust law is important for every company, regardless of size and market power, although individual prohibitions may well require a dominant market position. Antitrust law protects the functioning of the market and is regulated in the Act against Restraints of Competition (ARC). However, special laws also contain antitrust regulations, such as the Telecommunications Act (TKG). In addition, the ARC refers to provisions of European law that are directly applicable to German situations by virtue of reference.
The aim of antitrust law is to prevent behavior that restricts competition. However, restrictions of competition in breach of antitrust law may be permitted under certain legally defined conditions. The problem here is that the entrepreneur himself must assess on the basis of the legal provisions whether his conduct, which is in itself restrictive of competition and therefore unlawful, is permitted by way of exception.
In addition to the imposition of a fine, the law provides for sanctions in the event of violations of antitrust law in the form of claims for removal and injunctive relief; anyone who has suffered a disadvantage as a result of the violation of antitrust law can claim damages. In addition, the antitrust authorities can, under certain conditions, skim off the profit made from the conduct that violates antitrust law.
