In a decision of 23 September 2020, published early January 2021, the German Federal Court of Justice ("BGH") rejected a follow-on damages claim filed against Daimler in relation to the European Commission's ("Commission") Trucks decision. This is the first time that the highest German civil court has ruled on a damages claim arising from the Trucks proceedings and it is not expected to be the last. WHAT YOU NEED TO KNOW - KEY TAKEAWAYS German courts are bound by the factual findings of Commission infringement decisions, including settlement decisions imposing fines. The Trucks cartel was not – as previously found by some lower instance German courts – a mere information exchange, but a price fixing cartel. Claimants affected by the Trucks cartel are generally entitled to claim damages
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The German Federal Court of Justice rules on a damages claim following a Commission decision sanctioning a cartel of truck manufacturers (Trucks cartel)
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