The German Federal Court of Justice overrules a judgement of a Higher Regional Court concerning a follow-on damages claim which established the existence of a bid rigging cartel in the rail track sector and imposed a fine amounting to €98 million on eight companies (Schienenkartell II)

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German Federal Court of Justice, Schienenkartell II, KZR 24/17, 28 January 2020 (German)

On 28 January 2020, the German Federal Court of Justice (“FCJ”) overruled a judgment of the Thuringian Higher Regional Court (see VBB on Competition Law, Volume 2017, No. 6) concerning a follow-on damages claim. The claim followed a 2013 fining decision of the Federal Cartel Office (“FCO”), which had established the existence of a bid rigging cartel in the rail track sector and imposed fines amounting to € 98 million on eight companies (see VBB on Competition Law, Volume 2013, No. 8). The claimant, a regional transport company, acquired tracks and other products through

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Martin Favart, The German Federal Court of Justice overrules a judgement of a Higher Regional Court concerning a follow-on damages claim which established the existence of a bid rigging cartel in the rail track sector and imposed a fine amounting to €98 million on eight companies (Schienenkartell II), 28 January 2020, e-Competitions Transport (rail), Art. N° 94016

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