The German Higher Regional Court in Karlsruhe awards € 100,000 in damages to a claimant on behalf of a printing firm which purchased paper from a subsidiary of a cartel holding the passing-on defense does not apply (Carbonless Paper Cartel)

In its decision dated 11 June 2010, the Higher Regional Court of Karlsruhe has awarded € 100,000 in damages to a claimant on behalf of a printing firm that purchased carbonless-paper indirectly from members of the carbonless-paper cartel. The printing firm was seeking damages for paying cartel prices to a paper wholesaler who in turn purchased the paper from members of a cartel of paper manufacturers during the 1990s. The Court held that indirect purchasers principally do not have the right to claim damages. An exception is made if the intermediary is a 100% subsidiary of the cartel member. However, the defendant is not entitled to plea the passing-on defence in order to reduce the damage claim. Background In 2001, five producers of

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Justus Herrlinger, The German Higher Regional Court in Karlsruhe awards € 100,000 in damages to a claimant on behalf of a printing firm which purchased paper from a subsidiary of a cartel holding the passing-on defense does not apply (Carbonless Paper Cartel), 11 June 2010, e-Competitions June 2010, Art. N° 32441

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