The German administration adopts significant changes to the German Act against Restraints of Competition

Today, significant changes to the German Act against Restraints of Competition have entered into effect. This newsletter provides an overview of the most significant aspects of the 9th amendment to the German competition law. Cartel Damages The amendment strengthens the procedural and legal position of undertakings that claim damages from one or more members of a cartel. It implements the EU Cartel Damages Directive (2014/104/EU), which was designed to ensure effective private enforcement throughout the EU. The amendment introduces the following key changes: • statutory, rebuttable presumption that a cartel leads to damages; • rebuttable presumption in favor of indirect customers that the overcharge has been passed on to them; a cartelist may still invoke the passing-on defense

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Justus Herrlinger, Julia Cornelius, The German administration adopts significant changes to the German Act against Restraints of Competition, 9 June 2017, e-Competitions Bulletin June 2017, Art. N° 84386

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