The German Supreme Court upholds that members of a cartel can defend themselves against a claim for damages by raising the passing-on defense onto a downstream market (Carbonless Paper Cartel)

SUPREME COURT ALLOWS THE PASSING-ON DEFENSE IN ANTITRUST DAMAGES ACTIONS * The German Supreme Court, in a landmark ruling handed down on 28 June 2011, has held that members of a cartel are able to defend themselves against a claim for damages by raising the defense that the relevant applicants have passed on the damage caused by higher prices onto a downstream market (the so-called "passing-on defense"). At the same time, the

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  • McDermott Will & Emery (Paris)

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Jacques Buhart, The German Supreme Court upholds that members of a cartel can defend themselves against a claim for damages by raising the passing-on defense onto a downstream market (Carbonless Paper Cartel), 28 June 2011, e-Competitions Due Process Research Program, Art. N° 92842

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