The German Federal Court of Justice decides that in a quota-fixing and customer-assigning cartel, the prerequisites for prima facie evidence to establish whether the cartel has inflicted damage and whether it has affected individual orders are not fulfilled (Rail cartel)

Schläfke, Henner

Previous article The Italian Government confirms that the Italian Competition Authority wrongly established a bid-rigging practice in the medical sector (Alliance / Siemens / Philips / Toshiba / AGCM) Next article The U.S. Court of Appeals for the Second Circuit affirms a grant of summary judgment in favor of defendants in an old case alleging an unlawful conspiracy in the single-copy magazine industry (Anderson News)

11 Dec 2018

The German Federal Court of Justice decides that in a quota-fixing and customer-assigning cartel, the prerequisites for prima facie evidence to establish whether the cartel has inflicted damage and whether it has affected individual orders are not fulfilled (Rail cartel)

KEYWORDS

Reference

German Federal Court of Justice, Rail cartel, Case No. KZR 26/17, Judgement, 11 December 2018 (German)

German Federal Court of Justice: no double prima facie evidence in cartel damages litigation* In a landmark ruling dated 11 December 2018 (KZR 26/17 – “rail cartel”), the German Federal Court of Justice decided that, in a quota-fixing and customer-assigning cartel, the prerequisites for prima facie evidence to establish whether the cartel has inflicted damage and whether it has affected individual orders are not fulfilled. This means that courts will now have a much more comprehensive duty to form their own opinions regarding the subject matter of antitrust violations, the market situation, the unique aspects of the products and negotiations at issue and the members of the cartel. Contrary to established practice and the assumptions upon which the Karlsruhe Higher Regional Court, as the

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

PDF Version

Author

Henner Schläfke
Noerr (Berlin)

Germany 1 contribution 139 visits

Quotation

Henner Schläfke, The German Federal Court of Justice decides that in a quota-fixing and customer-assigning cartel, the prerequisites for prima facie evidence to establish whether the cartel has inflicted damage and whether it has affected individual orders are not fulfilled (Rail cartel), 11 December 2018, e-Competitions Burden of proof, Art. N° 91456

Visites 139