The German Federal Court clarifies controversial judgments around statute of limitations for cartel damages claims (Grauzementkartell II)

I. Introduction On 12 June 2018, the German Federal Court of Justice (Bundesgerichtshof, BGH) passed its long-awaited landmark decision in KZR 56/16 (Grauzementkartell II). The BGH held that Sec. 33 (5) of the German Act against Restraints of Competition (ARC) (today Sec. 33h (6) ARC), which suspends the limitation period for cartel damage claims during a pending authority investigation, also applies to claims that arose prior to 1 July 2005 (old cases). The decision provides legal clarity to all cases where the cartel damage was caused prior to 1 July 2005. Lower courts in Germany had been inconsistent on their answers to this question thus far. The question was also subject to intense debate amongst legal practitioners and scholars over the years. The answer to the question of

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Authors

  • Hogan Lovells (Munich)
  • Hogan Lovells (Munich)

Quotation

Christian Ritz, Carolin Marx, The German Federal Court clarifies controversial judgments around statute of limitations for cartel damages claims (Grauzementkartell II), 12 June 2018, e-Competitions Bulletin June 2018, Art. N° 87344

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