German Competition Authority
The Bundeskartellamt’s initiative consists first of all of the Bundeskartellamt’s Competition Register. It provides public contracting authorities, sector contracting entities and concession grantors with information enabling them to assess whether a company must or can be excluded from an award procedure in Germany for having committed economic offences. Companies listed in the register will have the opportunity to apply for premature deletion from the register if they have taken self-cleaning measures, i.e. where the undertaking has proven, inter alia, that it has taken concrete technical, organisational and personnel measures that are appropriate to prevent further criminal offences or misconduct (125 GWB), or in other words, where the undertaking has built up a compliance structure. The Bundeskartellamt is currently setting up the register, which is to be operated electronically. The Bundeskartellamt has also published a brochure "Effective cartel prosecution" in December 2016 which not only offers an insight into its cartel prosecution practice, but also values the efforts made by companies to avoid competition law infringements by using compliance programmes.