The German Federal Court of Justice grants a claim for damages relating to a cement cartel by extending the time period in which limitation rules can be suspended (Grauzementkartell II)

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Reference

German Federal Court of Justice, Grauzementkartell II, KZR 56/16, 12 June 2018 (German)

This landmark judgment of the German Federal Court of Justice concerns an action for damages relating to the German cement cartel. However, the judgment has much wider implications and is relevant for damage claims relating to other cartel infringements. The Federal Court extended the temporal application of Section 33 (5) of the German Act on Restraints of Competition (ARC) (now Section 33h (6) ARC), which provides for the suspension of the limitation period under certain circumstances. Consequently, the decision favours the plaintiff’s side and reduces the complexity of the trial because defences based on the limitation period should

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Authors

  • McDermott Will & Emery (Brussels)
    Belgium 35 contributions 4799 visits
  • McDermott Will & Emery (Paris)
    France 109 contributions 51235 visits
  • Norton Rose Fulbright (Brussels)
    Belgium 36 contributions 5068 visits

Quotation

Philip Bentley, Jacques Buhart, Mai Muto, The German Federal Court of Justice grants a claim for damages relating to a cement cartel by extending the time period in which limitation rules can be suspended (Grauzementkartell II), 12 June 2018, e-Competitions June 2018, Art. N° 89746

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