The battle against restrictive competition practices is growing. However, state regulatory efforts do not fight competition restrictions entirely by means of criminal law. Instead, lawmakers have confined themselves to sanction violations as administrative offenses in order to protect free competition. Even if lawmakers recently utilized criminal law as the substantive law for punishing bid collusion in accordance with Section 298 of the German Code of Criminal Procedure, the administrative proceedings carried out in accordance with the Law Against Restraints of Competition (GWB) are performed according to the German Code of Criminal Procedure – and often result in criminal proceedings for other offenses in the law.
Pauka, von Dreden & Link provides defense counsel especially in criminal antitrust law, accompanies colleagues specialized in criminal antitrust law to administrative proceedings in accordance with the Law Against Restraints of Competition (GWB), and drafts an accompanying strategy in procedural law. We also train and accompany companies and their employees in the event of coercive measures in criminal proceedings such as search and seizures ("dawn raids").