Competition Register for Public Procurement – Bundeskartellamt publishes guidelines and practical guide on premature deletion of an entry due to self-cleaning

The Bundeskartellamt has today published guidelines on the premature deletion of an entry in the Competition Register and a practical guide on filing an application for premature deletion.

The Competition Register for Public Procurement provides public contracting authorities with information helping them to assess whether a company must or can be excluded from a public procurement procedure for having committed economic offences. Depending on the type of infringement, an entry relating to a company can be saved in the register for three or five years. However, entries can be deleted prematurely if the relevant company has successfully undergone a process referred to as “self-cleaning” under public procurement law.

Andreas Mundt, President of the Bundeskartellamt: “In these guidelines we specify the steps that are necessary for the premature deletion of an entry in the Competition Register. Companies have to review their previous misconduct and establish preventive measures for the future. In this way, corporate compliance is improved. At the same time, we are publishing a practical guide on filing an application for premature deletion, which is particularly helpful for small and medium-sized companies.”

In spring 2021, the Bundeskartellamt commenced operating the Competition Register starting with the registration of public contracting authorities. Starting on 1 December 2021, prosecuting authorities will have to communicate relevant violations of the law for entry into the Competition Register. As of this date, contracting entities will also have the possibility to consult the register, provided that they have already been registered (see press release of 29 October 2021).

A premature deletion of an entry in the register is subject, among other things, to the relevant company providing compensation for any damage caused by its misconduct, actively cooperating with the investigating authorities and adopting technical, organisational and personnel measures to prevent further misconduct (compliance measures).

Today’s publications were preceded by a public consultation on the draft of the guidelines and the practical guide (see press release of 8 June 2021). The Bundeskartellamt has assessed and taken account of the comments received from public bodies, associations, lawyers and other interested parties.

The guidelines on the premature deletion of an entry in the Competition Register due to self-cleaning and the practical guide on filing an application for premature deletion are available in German on the Bundeskartellamt’s website.