The Obligation to Communicate Data and the Possibility to Consult the Register from 1 December 2021 in Germany

Rekabet Hukuku, Enerji Hukuku

On the 29th on October 2021, the Germany Federal Ministry for Economic Affairs and Energy (“BMWi”) published a notice in the Federal Gazette that the requirements for electronic data transmission in relation to the Competition Register are now in place. This notice is a prerequisite for the obligations to communicate data and consult the Competition Register to become applicable.

The obligation to communicate data will become applicable after the end of the month following the day on which the notice mentioned above was published in the Federal Gazette; another six months later, the obligation to consult the register will become applicable. This results in the following reference dates:

·       As of 1 December 2021, the prosecuting authorities and the authorities competent for the prosecution of administrative offences will be obliged to communicate to the Bundeskartellamt (registry authority) violations of law pertinent to the Competition Register. From this day on, registered contracting entities will already have the possibility to consult the Competition Register.

·       As of 1 June 2022, public contracting authorities will be obliged to consult the Competition Register in procurement procedures involving the order values specified in more detail under Section 6 WRegG.

·       As of 1 June 2022, companies and natural persons will be entitled to obtain information on the content of the Competition Register relating to such companies or persons.

·       As of 1 June 2022, bodies maintaining an official list satisfying the requirements provided for in Article 64 of Directive 2014/24/EU may, subject to the consent of the relevant company, request information on the content of the Competition Register relating to such company.

·       Until the obligation to consult the Competition Register becomes applicable on 1 June 2022, the previous obligations relating to the Länder corruption registers and the Central Trade and Industry Register remain in place.

·       The possibility to consult the Central Trade and Industry Register on a voluntary basis will exist for another three years after this date.

You can find the full text of the press release here.


Kind regards,

Zumbul Attorneys-at-Law

info@zumbul.av.tr