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DE 
The competition register goes live!
The Bundeskartellamt starts operation of the Competition Register. With immediate effect, public authorities and contracting authorities can register on the Bundeskartellamt's website. The impetus for the introduction of a competition register was the Competition Register Act (WRegG), which entered into force on 29 July 2017.
The Competition Register is the first fully digitalised state register in Germany. For authorities reporting infringements by companies, the Competition Register will thus become the central contact point. Reporting and retrieval will be exclusively digital, making the Competition Register an important and forward-looking building block in the digitalisation of public administration. Only authorities, contracting authorities, etc. that are required to register or are authorised to query under the Competition Act are eligible for registration.
The competition register covers companies that have been proven to have committed certain economic offences, in particular bribery, the formation of criminal organisations, terrorist financing, money laundering, fraud and subsidy fraud to the detriment of public budgets, tax evasion, withholding and embezzlement of remuneration, violations of certain labour law provisions and cartel agreements.
The prerequisite for entry in the competition register is a fine imposed by the cartel authorities or a final sanction decision (criminal court conviction, penalty order or administrative order imposing a fine) that is above various de minimis thresholds.
The information made available via the Competition Register thus enables the contracting authority to determine whether a company should be or can be excluded from the award procedure due to certain economic violations. For contract values above € 30,000.00 (net), public contracting authorities are obliged to obtain information from the Competition Register for the company to be commissioned before awarding the contract. This provides the contracting authority with an important instrument to better verify the existence of grounds for exclusion pursuant to Sections 123 and 124 of the Act against Restraints of Competition (GWB) in the future.
Depending on the severity of the offence that led to the entry in the competition register, the entries are deleted again after 3 or after 5 years. Registered companies are also given the option of early deletion if the company can prove that it has cleared itself.
In this way, the competition register makes an important contribution to the fight against economic crime and strengthens the compliance of companies.
Further information on the Competition Register and the registration procedure is available on the Bundeskartellamt's website: https://www.bundeskartellamt.de/SharedDocs/Meldung/DE/Pressemitteilungen/2021/25_03_2021_Betrieb_Wettbewerbsregister.html?nn=3591286
https://www.bundeskartellamt.de/DE/Wettbewerbsregister/WettbewReg_node.html
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