The German Federal Supreme Court rules on the methods for quantifying cartel profits (Paper Wholesale-Cartel)

By its order of 19 June 2007 the Federal Supreme Court has ruled on the methods and the standard of proof for determining and quantifying cartel profits. Although this issue was dealt within the context of a fine decision, the rules established by the Court are also relevant in the field of civil cartel damages claims. Background The Higher Regional Court Düsseldorf had fined the members of a price fixing cartel on the wholesale market for paper in Germany. Pursuant to the sanctioning system of the German Act against Restraints of Competition (ARC) and the German Admitrative Offences Act (AOA) the Higher Regional Court had imposed fines against the natural persons who represented the cartelists (business managers) as well as against the undertakings themselves as the participants in

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  • Eberhard Karls University of Tübingen

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Stefan Thomas, The German Federal Supreme Court rules on the methods for quantifying cartel profits (Paper Wholesale-Cartel), 19 June 2007, e-Competitions Bulletin Mitigation of fines, Art. N° 18142

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