The German Higher Regional Court clarifies new German rules on private enforcement of competition law (Cement cartel)

Background On 1 July 2005, major amendments to the German competition law (“GWB”) entered into force. Several of these amendments were the result of the German legislator's intention to strengthen the private enforcement of competition law. One of the new provisions is Section 33(4) GWB. The provision stipulates that in actions for damages for breach of European or national competition law, the national court is bound by decisions of national competition authorities establishing an infringement and court decisions confirming the competition authorities' decisions (“Tatbestandswirkung”). However, the binding effect only applies to

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Daniel von Brevern, The German Higher Regional Court clarifies new German rules on private enforcement of competition law (Cement cartel), 3 May 2006, e-Competitions May 2006, Art. N° 12130

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