The Regional Court of Düsseldorf rules on procedural key issues for cartel damages suits pawing the way to de facto class action for cartel damages in Germany (Cartel Damage Claims)

I. Introduction The Regional Court in Düsseldorf has decided on procedural core questions in its interlocutory judgment of 21 February 2007 and already indicated its stance on substantive issues in an additional court instruction concerning the follow on-damages suit relating to the German cement cartel (see already S. Thomas, Damages claims under the revised German Act against restraints of competition (§ 33 Gesetz gegen Wettbewerbsbeschränkungen), e-Competitions, January 2007-I, n° 12706). The decisions are widely held to be a partial success for the claimant, because the court recognised the plaintiff's right to sue and favours a broad interpretation of the antitrust damages claim in § 33 Act against Restraints of Competition (ARC). However, a closer look reveals that civil antitrust

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  • Eberhard Karls University of Tübingen

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Stefan Thomas, The Regional Court of Düsseldorf rules on procedural key issues for cartel damages suits pawing the way to de facto class action for cartel damages in Germany (Cartel Damage Claims), 21 February 2007, e-Competitions February 2007, Art. N° 13224

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