In its judgment of 28 January 2020, [1] the Cartel Senate of the German Federal Court of Justice provided new guidance on the requirements for establishing liability and the assessment of evidence in cartel damages cases. In the initial proceedings, the plaintiff, a local transport company, sought damages from several producers of railway material who were members of the German 'Schienenfreunde' (i.e. 'Train-Tracks Friends') cartel. [2] From 2001 to 2009, the plaintiff had purchased railway material from the defendants who were involved in the cartel at the time. The first two instances ruled in favour of the plaintiff, applying the principles of prima facie evidence regarding the occurrence of damages. Upon appeal, the Federal Court of Justice annulled the judgment of the previous
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The German Federal Court of Justice provides guidance on the requirements for establishing liability and the assessment of evidence in cartel damages cases (Schienenkartell II)
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