Die Beendigung der Zuwiderhandlung gegen das Kartellverbot des Art. 101 Abs. 1 AEUV

The question under which conditions a certain conduct of an undertaking no longer infringes the provisions of Art. 101 TFEU or Section 1 ARC is of the utmost importance in practice. In addition to the commencement of the limitation period, the termination of the infringement determines its duration and thus an essential factor in the assessment of a possible fine.
In principle and based on the provisions of Regulation 1/2003, the European Commission bears not only the burden of proof for the existence of a violation of the provisions of Art. 101 (1) TFEU, but also the burden of proof for its duration. Nevertheless, in practice, companies are regularly obliged to explain to the Commission that their anti-competitive behaviour has ended and, if necessary, to prove it. The dissertation examines the conditions under which the Commission assumes a return to competitive behaviour and how this must be demonstrated by organisations.