German Competition Authority Publishes Guidelines and Practical Guide on Premature Deletion of an Entry

The German Competititon Authority (“the Bundeskartellamt”) has published guidelines on the premature deletion of an entry in the Competition Register and a practical guide on filing an application for premature deletion on 26 November 2021.

The Competition Register for Public Procurement provides public contracting authorities with information helping them to assess whether a company must or can be excluded from a public procurement procedure for having committed economic offences. Depending on the type of infringement, an entry relating to a company can be saved in the register for three or five years. However, entries can be deleted prematurely if the relevant company has successfully undergone a process referred to as “self-cleaning” under public procurement law.

In spring 2021, the Bundeskartellamt commenced operating the Competition Register starting with the registration of public contracting authorities. Starting on 1 December 2021, prosecuting authorities will have to communicate relevant violations of the law for entry into the Competition Register. As of this date, contracting entities will also have the possibility to consult the register, provided that they have already been registered.

You can find full text of the guide here.

Kind Regards,

Zumbul Attorneys at Law