On 9 March 2023, the AFCA filed an application with the Cartel Court for the imposition of an appropriate fine on businesswoman Edeltraud Geppel-Mikes for her involvement in anti-competitive agreements on prices among competitors in the area of market studies (see press release of 13 March 2023). Having considered Edeltraud Geppel-Mikes’ minor involvement and economic strength, the AFCA amended its application for imposition of a fine to an application for a finding of an infringement during ongoing proceedings.
Initially, the Cartel Court found anti-competitive agreements in only two of four contracts in the context of the opinion research cartel. The Court argued that the two other contracts had been the subject of criminal proceedings and were settled by a diversion programme.
The Federal Cartel Prosecutor appealed against this decision, with the Supreme Court sitting as the Supreme Cartel Court upholding the appeal (16Ok5/23f) and instructing the court of first instance to make a new decision. In the second proceedings before the Cartel Court, the Court fully upheld the AFCA’s application for a finding of an infringement.
The decision is final.
Investigations completed
AFCA’s investigations into the uncovered opinion research cartel have therefore now come to an end.
Background:
- The AFCA filed applications for fines on KARMASIN RESEARCH & IDENTITY GMBH, BB Research Affairs GmbH and Beinschab Business GmbH, and Edeltraud Geppel-Mikes in March (press release of 13 March 2023).
- The Cartel Court fined BB Research Affairs GmbH and Beinschab Business GmbH EUR 6,000 in July 2023 (press release of 26 July 2023).
- The Supreme Court sitting as the Supreme Cartel Court confirmed the fine of EUR 50,000 in the case of Karmasin Research & Identity GmbH (press release of 21 June 2024).