I. Introduction In its judgment on the first of October 2009 the Berlin Higher Regional Court has decided on important and disputed questions concerning the private enforcement of cartel damage claims under the German Act against restraints of Competition (“ARC”). Several statements in the judgment raise questions that will be discussed in this article, i.e. (there is another judgement of the Berlin Higher Regional Court of first October 2009, Az. 2 U 17/03 Kart with mainly the same content - in this regard the following remarks are equally applicable): 1. According to the Court there is a prima facie evidence that a defendant was a member of a (hardcore-) cartel if he is named in the grounds of a fine decision of the Federal Cartel Office (FCO) even if he is not an addressee of the
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The Berlin Higher Regional Court rules on key issues of standing and standard of proof in cartel damages suits (Transportbeton Berlin)
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