The German Federal Court of Justice provides guidance on assessment of effects in damage cases (Rail cartel)

German Federal Court of Justice: no double prima facie evidence in cartel damages litigation* In a landmark ruling dated 11 December 2018 (KZR 26/17 – “rail cartel”), the German Federal Court of Justice decided that, in a quota-fixing and customer-assigning cartel, the prerequisites for prima facie evidence to establish whether the cartel has inflicted damage and whether it has affected individual orders are not fulfilled. This means that courts will now have a much more comprehensive duty to form their own opinions regarding the subject matter of antitrust violations, the market situation, the unique aspects of the products and negotiations at issue and the members of the cartel. Contrary to established practice and the assumptions upon which the Karlsruhe Higher Regional Court, as the

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Henner Schläfke, The German Federal Court of Justice provides guidance on assessment of effects in damage cases (Rail cartel), 11 December 2018, e-Competitions Bulletin December 2018, Art. N° 91456

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