The Local District Court of Bonn rules on access to the file in pending antitrust case (Listenpreis)

I. Introduction One of the most problematic aspects of civil antitrust litigation with respect to hardcore cartels is the factual substantiation of the claim. Although § 33 of the German Act against Restraints of Competition (ARC) lowers the burden of proof in several ways, it remains upon the plaintiff to demonstrate that the cartel has resulted in a certain individual damage. Also, it must be borne in mind that it is extremely difficult to assess the effects of a cartel on the market even if one takes into account the jurisprudence of the German Federal Supreme Court according to which there is a general presumption that a cartel has resulted in an increase in price [1]. Therefore, it is essential for the plaintiff to gather as much information as possible about the structure of

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  • Eberhard Karls University of Tübingen

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Stefan Thomas, The Local District Court of Bonn rules on access to the file in pending antitrust case (Listenpreis), 24 September 2008, e-Competitions Due Process Research Program, Art. N° 25687

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