Der Anspruch auf Vorteilsabschöpfung gegen das Bundeskartellamt

With the 7th amendment to the ARC, the the disgorgement of advantages pursuant to Section 34 ARC was introduced into German law as a supplement to the disgorgement under the law on fines. To date, neither of the two recovery methods has been implemented by the German Federal Cartel Office. However, according to the legal requirements, there is a general obligation for the antitrust authority to disgorge advantages. In addition, against the background of the elimination of unlawful distortions of competition, there is a need for a consistent disgorgement of advantages by the authorities. The author deals with the question, which is important for antitrust practice, whether market participants can enforce the disgorgement of advantages pursuant to Section 34 ARC by means of a claim against the German Federal Cartel Office.