Der Verjährungsbeginn beim Straftatbestand „Wettbewerbsbeschränkende Absprachen bei Ausschreibungen" (§ 298 StGB)

From a dogmatic point of view, only the award of the contract by the organizer of the tender is convincing as the point of time at which the limitation period under Section 298 StGB begins. The work justifies the final impairment of the legal interest as the beginning of the limitation period. It then establishes competition as the only legal interest protected by Section 298 StGB, which is irrevocably impaired by the award of the contract.
In addition to the effectiveness of the follow-up contract, the case law of the ECJ on the start of the limitation period in antitrust law, thoughts on active remorse pursuant to Section 298 (3) StGB and changes in case law regarding the start of the limitation period for other criminal law standards are central arguments for turning away from the final invoice as the start of the limitation period.