The esteemed (former) chief judge of the First Senate of the Düsseldorf Higher Regional Court (‘Oberlandesgericht’), Jürgen Kühnen, in 2019 provided ample arguments for an estimation of damages in Private Law. [1] The District Court (‘Landgericht’) of Dortmund implemented Kühnen’s approach in practice. [2] This provides an opportunity to retrace Kühnen's considerations and to carefully develop them further on the occasion of the practical implementation of the District Court of Dortmund. I.Introduction Despite best efforts of the European legislator, in some European Member States private enforcement of competition law, that is, private litigation for compensation of cartel overcharges is meager at best. Amongst other reasons the lack of successful litigation is based on an ‘all-out’-approach
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The German District Court of Dortmund implements the Kühnen approach to private enforcement in practice and estimates the cartel overcharge to be at least 15% for a rail sector cartel (Rail Cartel)
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