Die einheitliche und fortgesetzte Zuwiderhandlung

Cartels often comprise a number of contacts and arrangements which have been made over several years by a sometimes fluctuating group of undertakings. It is common decision practice of the European Commission (which has been approved by the European Courts) to regard those complex structures as a „single, complex and continuous infringement“ of the European cartel prohibition – with extremely relevant practical consequences: Not only follows a general responsibility of the participants for the entire „complex cartel“. Moreover, there are other consequences, which are generally disadvantageous for the participants, e.g. regarding limitation periods, the setting of fines and the effects of leniency applications.

The author analyses in detail the European Commission’s and the court’s decision practice on the „single, complex and continuous infringement“ concept and derives its prerequisites and effects. Subsequent, the author critically assesses said legal concept.