The German Federal High Court rules on damage claims by indirect purchasers and the passing-on defence in a cartel case (Carbonless paper cartel)

On November 24, 2011 the German Federal High Court (Bundesgerichtshof) published its decision in the ORWI case. The claimant, a German savings bank, brought a claim for damages against a carbonless paper manufacturer, that were ceded to him by ORWI, a manufacturer of pre-printed forms. Claimant alleged that ORWI had incurred damages arising from the defendant manufacturer’s conduct in agreeing and implementing price increases with its competitors in violation of Art. 101 TFEU (then Article 81 EC) and of Section 1 of the German Act against restraints of competition. The European Commission in 2001 had fined defendant for raising its prices in a cartel agreement with competing carbonless paper manufacturers. ORWI had purchased carbonless paper from several wholesalers, one of which was

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Börries Ahrens, The German Federal High Court rules on damage claims by indirect purchasers and the passing-on defence in a cartel case (Carbonless paper cartel), 28 June 2011, e-Competitions Bulletin November 2011, Art. N° 40926

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