The Regional Court of Dortmund estimates a cartel overcharge of at least 15% in the rail sector without involving any court-appointed economic experts

1. Introduction Determining the overcharge and, with that, the amount of cartel damages potentially suffered, is considered one of the most difficult aspects of cartel damages litigation in practice. The District Court of Dortmund (the “District Court”), known for its bold and innovative case law, now handed down a significant judgement in this regard: the District Court estimated a cartel overcharge of at least 15%, notably without involving any court-appointed economic experts. The decision was rendered in the context of the so-called rail cartel. The decision is particularly relevant as in Germany – unlike in a few other EU member states – there is no legislative presumption on the amount of the cartel overcharge. By way of comparison: in Hungary as well as in Latvia, there is a

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Authors

  • Hogan Lovells (Munich)
  • Hogan Lovells (Munich)
  • Hogan Lovells (Dusseldorf)

Quotation

Carolin Marx, Christian Ritz, Elena Wiese, The Regional Court of Dortmund estimates a cartel overcharge of at least 15% in the rail sector without involving any court-appointed economic experts, 30 September 2020, e-Competitions September 2020, Art. N° 98030

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