Competition Register reaches next stage and will go live from 1 December 2021 with the obligation to communicate data and the possibility to consult the register

The Federal Ministry for Economic Affairs and Energy (BMWi) today publishes a notice in the Federal Gazette that the requirements for electronic data transmission in relation to the Competition Register are now in place. This notice is a prerequisite for the obligations to communicate data and consult the Competition Register to become applicable.

The national Competition Register for Public Procurement provides public contracting authorities, sector contracting entities and concession grantors with information allowing them to assess whether a company must or can be excluded from a public procurement procedure for having committed economic offences.

Andreas Mundt, President of the Bundeskartellamt: “The Competition Register is ready for use. The electronic communication channels are in place and working. As of today, the formal requirements have also been satisfied so that we can make entries and allow relevant parties to consult the register. There is a clearly defined timeline: As of December, the competent authorities will be obliged to communicate relevant violations of law. At the same time, the registered public contracting authorities will be able to consult the Competition Register in procurement procedures for the first time. As of June next year, it will be compulsory to consult the register in procurement procedures involving contracts exceeding certain contract values. For public contracting authorities which have not yet registered it is high time to do so. Please register without delay in order to be able to fulfil your statutory obligation to consult the register.”

In March 2021, the Bundeskartellamt already commenced operating the Competition Register, starting with the registration of public bodies (see press release of 25 March 2021). All necessary prerequisites have now been satisfied so that the Bundeskartellamt can make entries in the Competition Register and provide contracting authorities with information on existing entries in the context of procurement procedures.

According to the rules of application set out in Section 12 of the German Competition Register Act (WRegG), the obligation to communicate data will become applicable after the end of the month following the day on which the notice mentioned above was published in the Federal Gazette; another six months later, the obligation to consult the register will become applicable. This results in the following reference dates:

• As of 1 December 2021, the prosecuting authorities and the authorities competent for the prosecution of administrative offences will be obliged to communicate to the Bundeskartellamt (registry authority) violations of law pertinent to the Competition Register. From this day on, registered contracting entities will already have the possibility to consult the Competition Register.
• As of 1 June 2022, public contracting authorities will be obliged to consult the Competition Register in procurement procedures involving the order values specified in more detail under Section 6 WRegG.
• As of 1 June 2022, companies and natural persons will be entitled to obtain information on the content of the Competition Register relating to such companies or persons.
• As of 1 June 2022, bodies maintaining an official list satisfying the requirements provided for in Article 64 of Directive 2014/24/EU may, subject to the consent of the relevant company, request information on the content of the Competition Register relating to such company.

Authorities obliged to communicate data and public contracting entities are once again strongly encouraged to register with the Bundeskartellamt. For the authorities communicating data and the contracting entities to use the Competition Register’s online platform, prior registration with the registry authority is necessary (see press release of 22 June 2021 and 15 October 2021, in German only).

Until the obligation to consult the Competition Register becomes applicable on 1 June 2022, the previous obligations relating to the Länder corruption registers and the Central Trade and Industry Register remain in place. The possibility to consult the Central Trade and Industry Register on a voluntary basis will exist for another three years after this date.