In a recently published statement by the European Competition Network (ECN), the European competition authorities explain their approach to companies affected by the war in Ukraine. The German Federal Cartel Office has also endorsed this statement.
According to the declaration, the competition authorities will not take action against “strictly necessary” and “temporary” measures resulting from “serious disruptions” caused by the war or sanctions. As examples of such “serious disruptions”, the declaration mentions cooperation in order to
- ensure the purchase, supply and distribution of scarce products and operating materials or
- mitigate the serious economic consequences resulting from compliance with the sanctions imposed by the EU.
The authorities expressly refer to the possibility of obtaining informal advice from the authorities.
Nevertheless, the competition authorities also emphasize that they will not hesitate to take action against companies that try to take advantage of the situation described above, for example by forming cartels or exploiting dominant market positions.
You can find the full communication from the ECN here (English).
The author and your usual contacts will be happy to answer any questions you may have!
Patrick J. Kaatz
kaatz@tigges.legal
+49 211 8687 165