Dr. Alex Petrasincu is a Counsel at Hausfeld in Berlin, specializing in EU and German competition law and competition litigation. He advises on all contentious and non-contentious aspects of competition law, including cartels and cartel damage claims, merger control, anticompetitive agreements, and abuse of dominance. Alex is specialized in representing parties in cartel damages actions before the German courts, and has advised on damages actions in various jurisdictions. Alex has represented parties in and advised on actions before numerous German District Courts, Courts of Appeals, the German Constitutional Court, as well as the European Court of Justice. In addition, Alex has particular experience in conducting internal investigations and defending clients in cartel investigations by the European Commission and the German Federal Cartel Office, as well as in coordinating leniency applications across jurisdictions.
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In several jurisdictions, claimants’ burden of proof for the existence of injury is a major hurdle to traditional cartel damage claims. To avoid a presumption of injury under the settled case law of the German Federal Court of Justice (Bundesgerichtshof, (“BGH”) for hard-core cartels, (...)
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With its recent decision in the financialright case the highest German civil court, the Federal Court of Justice (Bundesgerichtshof, “BGH”), clarified that the bundling of claims through an assignment to a legal service provider, the so-called assignment model, is allowed under German law. The (...)
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In a landmark ruling today, the Federal Court of Justice (“FCJ”) ruled on the statute of limitations for cartel damages claims. Since July 2005, the German Act against Restraints provides that the statute of limitations for damages claims is suspended pending an investigation by competition (...)
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Private enforcement in Europe may have taken off later than in the US, but is also flourishing. In particular, 2017 saw the implementation across much of the European Union of the “Damages Directive”, which aims to standardize both substantive and procedural provisions relating to competition law damages claims, making claims easier to bring and – in some respects – harder for defendants to avoid.
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On July 19, 2016, the European Commission (“EC”) concluded a five-year investigation and imposed record-breaking fines of over € 2.9 billion on five major truck manufacturers (MAN, Daimler, Volvo/Renault, Iveco and DAF) for antitrust infringements — the so-called “truck cartel..EC, Decision of (...)
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Both houses of German parliament, the German Bundesrat (German Federal Council) and the Bundestag (German House of Representatives), have finally approved the long-awaited ninth amendment to the Act against Restraints of Competition, which in particular addresses private antitrust enforcement (...)
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In the aftermath of its pharmaceutical sector inquiry in 2008 and 2009 and the subsequent monitoring of patent settlements in the European Union, the European Commission (“Commission”) has in recent years investigated a number of attempts by brand name pharmaceutical companies (“originators”) (...)
63
The Trucks Cartel On 19 July 2016, the EC concluded a five-year investigation finding that five major truck manufacturers – MAN, Volvo / Renault, Daimler, Iveco and DAF (the ‘’Cartelists") – unlawfully coordinated the pricing of trucks over a 14-year period, from 1997 – 2011, as well as (...)
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Draft German law implementing EU Damages Directive* On Friday, 1 July 2016, the German Federal Ministry of Economic Affairs finally published its draft law implementing the European Union directive governing actions for damages for infringements of competition rules (“Damages Directive”). (...)
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On July 1, 2016, the German Federal Ministry of Economic Affairs published the ministerial draft of the 9th amendment to the German Act against Restraints of Competition (the “Draft”). The Draft implements the European Union directive governing actions for damages for infringements of (...)
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The disclosure provisions of the EU Damages Directive allow national courts to order competition authorities to disclose certain documents and information in damages proceedings. In addition, private parties can also be ordered to disclose certain evidence that they have obtained through (...)
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2020 Competition Case Law Digest - A Synthesis of EU, US and National Leading Cases
