Hogan Lovells (Munich)

Carolin Marx

Hogan Lovells (Munich)
Lawyer (Partner)

Carolin Marx is a partner with Hogan Lovells based in the firm’s Munich office. She is a dedicated and passionate litigator and represents her clients in negotiations, mediation and in court. At the core of her practice are antitrust damages cases and supply-chain disputes with particular expertise in the automotive industry. Carolin is qualified in Germany and based at Hogan Lovells Munich. She has also spent considerable time working in the Hogan Lovells London office handling antitrust damage cases and coordinating large cross-border follow-on litigations. Carolin obtained her degree in law from Ludwig-Maximilians-University, Munich and has a strong academic background in international private and civil procedure law as well as alternative dispute resolution being a trained commercial mediator (MuCDR). Carolin regularly publishes on topics relating to antitrust and competition litigation.


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3161 Bulletin

Carolin Marx, Simon Ingenbleek, Hannah Fries The Regional Court of Stuttgart finds bundled cartel damages claims through a legal services provider to be inadmissible (German State of Baden-Württemberg)


1. Background In Germany, the discussion about the admissibility of enforcing bundled and assigned cartel damages claims via a legal services provider enters the next round. As Germany does not offer claimants a true US- or UK-style class action regime claimants will seek alternative ways to (...)

Simon Ingenbleek, Carolin Marx The German Federal Court of Justice decides that the bundling of claims was admissible through a legal service provider causing the judgment to receive a lot of attention from the competition litigation community (Air Berlin)


Germany up to this point does not offer claimants a true US- or UK-style class action regime – a situation that is felt especially in the context of seeking compensation for cartel damages. Claimants have therefore found other ways to join forces and bundle their claims. The most notable method (...)

Carolin Marx, Christian Ritz, Elena Wiese The Regional Court of Dortmund estimates a cartel overcharge of at least 15% in the rail sector without involving any court-appointed economic experts (Rail cartel)


1. Introduction Determining the overcharge and, with that, the amount of cartel damages potentially suffered, is considered one of the most difficult aspects of cartel damages litigation in practice. The District Court of Dortmund (the “District Court”), known for its bold and innovative case (...)

Carolin Marx, Judith Solzbach The EU Court of Justice holds that national rules on limitation of antitrust damages claims may violate the principle of effectiveness (Cogeco / Sport TV Portugal)


The European Court of Justice in Cogeco rejects a direct effect of the Damages Directive in the pre-implementation phase, but establishes that the principle of effectiveness may itself render national rules on limitation of antitrust damages claims ineffective. The European Court of Justice (...)

Carolin Marx, Judith Solzbach The EU Court of Justice rules that the concept of undertaking and the principle of economic continuity apply in private enforcement cases as in public enforcement proceedings (Vantaan kaupunki / Skanska Industrial Solutions)


Introduction The European Court of Justice (“ECJ”) issued a landmark decision on 14 March 2019 concerning the application of the concept of “undertaking” and the principle of economic continuity to cartel damages claims. The ECJ ruled in its Skanska judgement that the broad interpretation of the (...)

Christian Ritz, Carolin Marx The Regional Court of Dortmund holds that standard arbitration agreements apply to cartel damages actions if and when the alleged conduct coincides with a breach of contract deviating from the EU Court of Justice foreseeability theory established for jurisdiction clauses (C. / N.)


1. Introduction The question of whether cartel damages claims can be tried in arbitration under so-called ’standard’ arbitration agreements – meaning not explicitly referencing tortious or even specifically antitrust damages claims – has recently been the subject of much debate. Regarding (...)

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