The Higher Regional Court Karlsruhe decided in its judgment of 28 January 2004 on the passing on defence in a cartel damages-suit concerning the vitamins cartel (Vitaminpreise). The judgment The Higher Regional Court (Oberlandesgericht) Karlsruhe has in its judgment of 28 January 2004 refused to award compensation to the direct customers of the participants in the vitamins cartel. A customer had brought an action against the cartelists and alleged to have suffered a damage due to higher costs as a result of a price increase for vitamins assumed to have occurred as an effect of the cartel. The defendants argued that higher prices charged to the direct customers had been passed on to the next market level by the direct customers, i.e. any potential loss had been compensated by higher
The Karlsruhe Higher Regional Court decides on passing on defence in the vitamins cartel (Vitaminpreise)
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