Advantage skimming
The skimming off of benefits is a means of sanctioning the cartel authorities in German business law . Its purpose is to prevent companies that enrich themselves illegally from benefiting from their actions. It is also intended to deter companies from violating the law.
As a sanction in the German criminal and misdemeanor cases serves decay .
Legal regulations
The skimming off of benefits is regulated in Section 34 of the Act against Restraints of Competition (GWB). Accordingly, the competent antitrust authority can order the company to pay an amount of money that corresponds to the advantage that the company has gained through its antitrust violation. The amount of money skimmed off according to § 34 GWB flows into the federal budget . However, if the unlawfully obtained advantage has already been skimmed off by an injured company through civil law compensation payments, a benefit skimming in favor of the federal budget is no longer possible ( Section 34 (2) GWB).
If a large number of buyers or providers are affected by the antitrust violation, the benefit skimming can also be enforced by the competition associations concerned ( Section 34a GWB). In this case, the amount of money skimmed off also goes to the federal budget.
A skimming off of benefits is also provided for in sector-specific special laws, for example in Section 43 of the Telecommunications Act and Section 33 of the Energy Industry Act .
The profit skimming provided for in Section 10 of the Act against Unfair Competition (UWG) is comparable to the skimming off of benefits . Accordingly, anyone who undertakes a certain unfair commercial act and thereby achieves a profit at the expense of a large number of customers can be called upon to have this profit returned to the federal budget.
In October 2019, the responsible minister Christine Lambrecht presented key points on her agenda. She then advertises her draft corporate sanctions law. Sanctions that correspond to economic strength are also essential. The previous upper limit for fines of 10 million euros is not appropriate for large companies.
literature
- Hans-Wilhelm Krüger: Public and private enforcement of the cartel prohibition of Art. 81 EC on Google books
- Benefit skimming in the Gabler business dictionary
Individual evidence
- ^ Definition of Gabler's economic dictionary
- ↑ Christian Rath, "Not only Sunday speeches " LTO of October 10, 2019
