The German Parliament revises its Act against restraints of competition including damages claims (Gesetz gegen Wettbewerbsbeschränkungen)

The German Act against Restraints of Competition (“ARC”) has contained a special antitrust damages claim since its entering into force in 1958, which is now § 33 ARC. The German jurisprudence is therefore one of the most experienced as far as the private enforcement of antitrust law is concerned. However, in the past decades the emphasis was on claims for abuses of dominant positions, i. e. §§ 19, 20 ARC (equivalent to Art. 82 EC), especially refusal to supply-cases (see the leading case Federal Supreme Court, judgment of 20 November 1975 - Rossignol, published in Wirtschaft und Wettbewerb (WuW), Section E BGH, p. 1391). Damages claims against hardcore cartels have played a rather marginal role. The reason for the latter was that the German courts were traditionally quite restrictive

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  • Eberhard Karls University of Tübingen

Quotation

Stefan Thomas, The German Parliament revises its Act against restraints of competition including damages claims (Gesetz gegen Wettbewerbsbeschränkungen), 1 July 2005, e-Competitions July 2005, Art. N° 12706

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