Road Construction Companies Fined: State Examines Potential Damage Claims After Cartel Violations
Post-Cartel Fine: Nation Reviews Compensation Petitions - Post-Drug Cartel: Authority Examines Compensation Claims
Wanting to ensure justice for the public clients affected by the illegal cartel agreements exposed by the Federal Cartel Office (FCO), the state of Saxony-Anhalt and several municipalities are looking into potential damage claims. The road authority in the state is currently sifting through contracts with the involved companies, with a spokesperson stating that it will then be determined whether any damage claims are warranted. This discussion is expected to take place at a federal-state meeting at the end of May.
In a recent announcement by the FCO, seven road construction companies across Germany were found to have orchestrated meaningful communication since 2016 in relation to tenders for public contracts. Among the companies in question was one based in Landsberg, Saalekreis. Their unlawful activities gravely affected tenders in several regions including Saxony, Saxony-Anhalt, Thuringia, Brandenburg, and Mecklenburg-Vorpommern.
The cartel violations, as stated by the FCO's President Andreas Mundt, affected numerous tenders and contracts from public clients such as municipalities and state road authorities. Multiple road repair measures—even simple patchwork—were involved in these deceitful dealings.
As a response, the FCO imposed fines amounting to 10.5 million euros, though affected municipalities and authorities have the freedom to pursue their own legal action against the construction companies. For instance, the Altmarkkreis Salzwedel has disclosed that they are considering legal steps. To date, no damage claims have been lodged against companies involved in the collusive practices.
Remember, a cartel agreement refers to an agreement between competing companies to coordinate their actions and fix prices, restrict output, or divide markets, aiming to eliminate competition. The FCO, as a German antitrust regulatory body, enforces competition laws, investigating suspected cartels, and imposing fines when necessary.
Additional Insights:
The fines totaling €10.5 million were imposed on seven road repair companies in May 2025 by the Bundeskartellamt [1][2] for bid rigging and customer allocation. These companies are AS Asphaltstraßensanierung GmbH (Langwedel), Bausion Strassenbau-Produkte GmbH (Landsberg), Bitunova GmbH (Krefeld), Gerhard Herbers GmbH (Spelle), Liesen … alles für den Bau GmbH (Lingen), Mainka Straßenunterhaltung (Rüdersdorf near Berlin), and MOT Müritzer Oberflächentechnik GmbH (Röbel/Müritz) [1][2]. The Bundeskartellamt has the extensive powers to investigate suspected cartels and bid rigging by requesting information and conducting surprise inspections to uncover evidence of such illicit practices [4].
In the European Union, parties harmed by cartel conduct can bring actions for damages, with findings by competition authorities such as the Bundeskartellamt being used as evidence without the need for claimants to prove the existence of the cartel [4]. However, in this instance, there are no specific updates available regarding damage claims or investigations in Saxony and Saxony-Anhalt. The recent fines encompassed companies from various regions, but detailed information on regional investigations or claims is not provided in the available sources.
The state of Saxony-Anhalt and several municipalities could potentially examine vocational training programs for affected employees of road construction companies as a part of the community policy, given the harm caused by the cartel agreements. To ensure financial compensation for the damage claims, these municipalities may consider engaging in legal action against the fined construction companies, thus strengthening business accountability.
