Rechtsträgerprinzip und wirtschaftliche Einheit

German and European competition laws are based on fundamentally different approaches towards competition law violations. This disparity can result in serious problems for both the cartel authorities and affected companies. The German system applies a formalistic approach in regulating legal entities regarding cartel infringements, while the European “economic unit” concept emphasizes economic criteria. The author traces the development of each system over time and examines the effects the systems have on companies’ liability for fines and damages claims. A major focus is on the restrictions on competition law resulting from fundamental constitutional rules of law. The author then merges both systems into a single competition law regime, combining the specific advantages of the German and the European systems.