The Sausage Gap Poem

Competition law is an acquired taste 
Like Van den Bergh Foods or the ice cream case 
Or bananas in the judgment of United Brands 
On the notion of cross elasticity of demand. 

This poem, verse or even rap
Inspired by the so called “sausage gap”
Filled by the Ninth Amendment to the GWB *
Adopted on 9 March 2017, the contents of which, you will now see. 

Pursuant to Section 30 (1) of the OWiG **
The antitrust infringer's liability 
Will only be applicable for 
The entity that infringed competition law. 

The case brought by the FCO ***
Which German antitrust lawyers are sure to know
About a sausage manufacturer member of a cartel
Evading liability by restructuring its assets so well. 

Now, Section 81(3a) of the GWB
Establishes the economic unit's liability
A parent company or other group company can be fined
If they are a single economic entity at the time 
Of the infringement and exercised a decisive influence direct or
Indirect, on the management of the entity which infringed competition law.   

The GWB Section 81(3b)
Establishes unlimited liability
Of the partial universal successor of the entity 
Which is ultimately responsible for 
The violation of competition law.  

The economic successor's liability
Is established by the GWB Section 81 (3c)
The Einzelrechtsnachfolgeris **** can be fined you see
Even if the original entity still exists from a legal point of view
But, economically speaking, is of no use.

* German Unfair Competition Act
** Gesetz über Ordnungswidrigkeiten (Code of Administive Offences)
*** Federal Cartel Office
**** Single successor