In a recently published judgment of 23 September 2020, the German Federal Court of Justice (“FCJ”) ruled once again on the private damages claims of a public transport company following on from the Federal Cartel Office’s rail track cartel decision (see VBB on Competition Law, Volume 2012, No. 7 and Volume 2013, No. 7). With reference to its previous judgments on follow-on damages, the FCJ confirmed that damages cannot only be claimed for goods acquired from cartelists but also for goods purchased from non-cartelists, provided the cartel led to increased prices on the relevant market overall (the “umbrella effect”).
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The German Federal Court of Justice rules on the passing-on defense in damages claims proceedings following a sanctioned cartel in the rail market (Rail cartel)
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