The Higher Regional Court Düsseldorf dismisses transferred follow-on damages claims because of the shift of the risk of litigation costs (Cartel Damages Claims)

I. The Facts The judgment by the Higher Regional Court Düsseldorf (HRC Düsseldorf) put an end to 10 years of on-going legal dispute that started after the German Federal Cartel Office (FCO) disclosed various regional quota cartels, operating for a number of years until 2002, in the German cement industry. After the FCO imposed fines on numerous German cement producers in 2003 for their involvement in the cartels, a total number of 36 alleged victims of the cartels assigned their damages claims to the Belgian cooperative company with limited liability, Cartel Damages Claims (CDC). Based on the assigned rights, CDC claimed approximately EUR 130 million of follow-on damages before the Regional Court Düsseldorf (RC Düsseldorf) arguing that the cement producers were to be held jointly liable

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Authors

  • Hogan Lovells (Munich)
  • Freshfields Bruckhaus Deringer (Berlin)

Quotation

Christian Ritz, Ilka Mauelshagen, The Higher Regional Court Düsseldorf dismisses transferred follow-on damages claims because of the shift of the risk of litigation costs (Cartel Damages Claims), 18 February 2015, e-Competitions Bulletin February 2015, Art. N° 74678

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