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The Competition Register (also known colloquially as the "Corruption Register") is a nationwide electronic database in which companies suspected of corruption and other economic crimes are listed to protect fair competition for public contracts and concessions.

The electronic register is established and maintained by the Federal Cartel Office (BKartA).

1. WHAT IS ENTERED IN THE REGISTER?

Companies are entered in the register if they are responsible for certain economic crimes.

These include, in particular, bribery, forming a criminal organization, financing terrorism, money laundering and fraud against public budgets or the EU budget, tax evasion, antitrust violations, and violations of the Act to Combat Undeclared Work and the Minimum Wage Act.

Entry requires legally binding convictions or final penalty orders for these offenses.

2. WHAT DOES A REGISTRATION MEAN IN SPECIFIC TERMS?

The registration provides public contracting authorities with information about whether a company must be, or can be, excluded from the procurement procedure due to committed economic offenses.

Companies that are responsible for certain serious economic crimes must be excluded from the procurement procedure for public contracts.

In cases of antitrust violations, violations of the Act to Combat Undeclared Work, and violations of the Minimum Wage Act, public contracting authorities have the option, depending on the individual case, to exclude the company (discretionary grounds for exclusion).

3. HOW ARE COMPANIES PROTECTED FROM FALSE ENTRIES?

Only legally binding judgments and penalty orders are entered into the register, and only public contracting authorities are notified of the entry.

Companies are consulted before being entered into the register.

Through compliance measures, companies can rectify the situation themselves and submit an application for early deletion from the register.

4. ARE PUBLIC CONTRACTING AUTHORISATIONS OBLIGATED TO CHECK THE COMPETITION REGISTER?

Yes, for contracts exceeding a certain value – generally €30,000 – public contracting authorities are obligated to electronically check the register before awarding a public contract.

5. WHO CAN CHECK THE COMPETITION REGISTER?

All public contracting authorities, such as municipalities, state authorities, or federal ministries.

6. CAN FOREIGN COMPANIES ALSO BE REGISTERED?

Foreign companies are entered in the competition register if they have been issued a fine or a criminal conviction in Germany. However, registration is not possible based on criminal convictions issued abroad.

Foreign companies can also be excluded from procurement procedures if they have committed criminal offenses.

To prove that no grounds for exclusion exist, they must submit extracts from the relevant register, such as the criminal record, or—if no criminal record exists—an equivalent document from a competent judicial or administrative authority in their home member state.

7. CAN A COMPANY BE REMOVED FROM THE COMPETITION REGISTER?

Companies registered in the register must be removed after certain periods.

These periods are 5 years for mandatory exclusion grounds and 3 years for discretionary exclusion grounds.

Companies registered in the register also have the option of submitting an application for early removal from the register after successful self-cleansing – in particular, after implementing compliance measures.

If the removal application is rejected, legal recourse can be sought before the Higher Regional Court.