Die Zumessung der Geldbuße gegen den Rechtsträger einer Unternehmensvereinigung

With the 10th ARC amendment, the legislator has made significant changes to Sections 81 et seq. ARC, which affect in particular the assessment of fines, but are in part difficult to integrate into the law on fines under competition law and provoke application problems. It is examined how the expansion of the scope of fines under Section 81c (4) ARC, as provided for in European Union law, affects the assessment of fines against the legal entity of an association of undertakings. Furthermore, it is discussed to what extent the new assessment criteria in Section 81d ARC, which in part only refer to undertakings, can or even must be applied to the sanctioning of the legal entity of an association of undertakings.