The Düsseldorf Regional Court dismisses damages action against cement cartel

On 17 December 2013, the Düsseldorf Regional Court dismissed a follow-on cartel damages action in a case that had been widely noticed and discussed among German lawyers over the past nine years. Should the judgment be confirmed on appeal, claimants might find it more difficult to get compensation for their cartel-related damage. Background In 2003, the German Federal Cartel Office (FCO) imposed a fine of € 660 million on some of the biggest cement producers in the German cement market for their involvement in a cartel between 1988 and 2002. In 2009, the Düsseldorf Higher Regional Court confirmed the infringements of antitrust law by the cement producers, but reduced the fines imposed by the FCO. Some cartel members appealed this decision to the German Federal Court of Justice (FCJ).

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  • Deutsche Bahn (Berlin)

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Volker Abele, The Düsseldorf Regional Court dismisses damages action against cement cartel, 17 December 2013, e-Competitions Bulletin December 2013, Art. N° 63667

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