Conciliation Centre for resolution of competition disputes

1. Aim and purpose of the Conciliation Centre

The Hamburg Chamber of Commerce Conciliation Centre aims to bring about an amicable outcome to competition disputes by reaching a settlement, thus avoiding cost-intensive and long drawn-out court proceedings.

2. Legal basis

The legal basis for the procedure before the Conciliation Centre is set out in Section 15 of the German Law governing unfair competition (Gesetz gegen Unlauteres Wettbewerb, or UWG) together with the Ordinance for Conciliation Centres for the Resolution of Competition-Related Disputes (Einigungstellen-VO). The Conciliation Centre is accordingly the materially responsible body in civil-law disputes under competition law (UWG), if the matter involves anticompetitive violations which concern business with the end-consumer.
In other disputes, the Conciliation Centre can become active if the consent of the opposing party to this has been given prior to contacting the Conciliation Centre.
There is a geographical responsibility if the respondent has his business premises or his domicile in the area covered by the Chamber, or if the action giving rise to the dispute was committed in this area.

3. Composition of the Conciliation Centre

The Conciliation Centre has a person with legal training, who must be authorised to exercise the post of judge, as its chairman, and an even number of persons carrying on a trade as assessors.
The list of chairmen and assessors can be inspected at the business offices of the Chamber of Commerce. The list of assessors is published annually in the Chamber's notifications, and accepts people carrying on a trade from various branches of the economy.

4. Procedure

The party wishing to initiate proceedings must submit an application to the Conciliation Centre, pursuant to Section 27 a Para. V – Para. IX, in conjunction with the EinigungsstellenVO. The application is to be submitted in writing in triplicate, with justifications and stating the evidence to be produced, or made as a minuted declaration.
Those entitled to lodge applications are persons carrying on a trade who manufacture or market goods or services of a similar or related kind to the respondent, and associations for the promotion of commercial interests, insofar as a significant number of persons carrying on a trade are members thereof (section 27 Para. III in conjunction with Section 13 Para. II UWG).

Through lodging the application, the statute of limitations in respect of the anticompetitive violation is stayed in a similar manner as for the bringing of a legal action. Simultaneous proceedings before the Conciliation Centre and legal proceedings are not permitted.

Following the lodging of the application, a date is fixed for oral arguments before the Conciliation Centre and the parties are invited in person by the chairman. Appearance in person can be directed and, under certain circumstances, compelled, including through use of fines, under Section 27 a Para. V UWG in conjunction with Section 141 of the German Code of Civil Procedure (Zivilprozessordnung, or ZPO) by analogy. Even where appearance in person is not directed, the parties should appear to clarify the circumstances of the matter and to arrive at an amicable understanding. The hearing of oral arguments fundamentally takes place with the public excluded, unless the chairman permits third parties to be present (Section 6 Para. I EinigungsstellenVO).

To arrive at an amicable outcome, the Conciliation Centre can circulate a proposed agreement in writing, stating the reasons, as provided for in Section 27 a Para. VI UWG. If this proposal is accepted, the settlement must be set down in a special document and signed by the members of the Conciliation Centre and the parties, stating the day that the settlement was reached. The settlement which has come about is enforced as if it had been concluded before a state-recognised conciliation body; Section 797 a ZPO is applicable by analogy. The order of enforcement is issued by the certifying officer of the business office of the district court (Amtsgericht) in whose district the Conciliation Centre has its seat.

If no settlement is reached, the proceedings before the Conciliation Centre are ended, under Section 27 a Para. IX UWG. This then also ends the suspension of the statute of limitations.

5. Costs of proceedings

Proceedings before the Conciliation Centre are free of charge, under Section 12 Para. I EinigungsstellenVO. Only the expenses which have arisen for the Chamber of Commerce (= cost for experts and witnesses) are to be reimbursed. Pursuant to Section 12 Para. III EinigigungstellenVO, an amicable understanding should also be reached regarding the reimbursement of expenses. If this does not come about, the costs are to be reimbursed by the party which has occasioned them, under Section 12 Para. IV EinigungsstellenVO.

HANDELSKAMMER HAMBURG
Conciliation Centre for Resolution of Competition Disputes
Adolphsplatz 1
20457 Hamburg