The German Federal Court of Justice defines in line with EU case-law the substantive and procedural requirements for establishing causality in cartel-related damages actions (Rail Cartel)

By its ruling in Rail Cartel II (Schienenkartell II), delivered on 28 January 2020 [1], the German Federal Court of Justice (Bundesgerichtshof) has clarified the respective prerequisites to establish, on the one hand, causality which gives rise to liability (haftungsbegründende Kausalität), and on the other causality filling the liability (haftungsausfüllende Kausalität) in cartel-related damages actions under German antitrust law. In doing so, the Court reinterpreted in part its earlier Rail Cartel I (Schienenkartell I) decision [2] in a manner that no longer requires plaintiffs to prove that a cartel had a price-increasing effect on a specific transaction in the context of causality giving rise to liability, thus bringing its position in line with the case-law of the Court of Justice of

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  • University of Vienna

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Julia Pranz, The German Federal Court of Justice defines in line with EU case-law the substantive and procedural requirements for establishing causality in cartel-related damages actions (Rail Cartel), 28 January 2020, e-Competitions January 2020, Art. N° 94761

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