As a result of agreements made in the German coalition agreement of 2018, the Bundeskartellamt, the German antitrust watchdog, has published guidelines that companies can adhere to when working together with others as a cooperative in order to prevent the cooperative from being regarded (after the fact) as a cartel.[1]

The guidelines provide explanation of the background, purpose and scope of the prohibition on cartels and the possible leeway for collaboration, for enterprises working (not only) as a cooperative, including on the basis of practical examples. The guidelines are also intended for small and medium-sized enterprises, which often do not have access to specialised legal advice.

[1] Bundeskartellamt press release, ‘Leitlinien zur Vereinbarkeit des Genossenschaftswesens mit dem Kartellrecht – Öffentliche Konsultation’, 4 May 2021.