See original article in english Private Enforcement in German Courts: Between Law and Economics


Private Enforcement in German Courts : Between Law and Economics

Séminaire "Économie et droit de la concurrence" avec Prof. Dr. Peter Meier-Beck (Cour fédérale de justice allemande) organisé par Concurrences, en partenariat avec Allen & Overy et The Brattle Group.

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> Videos et Photos - Voir ci-dessous

Dr. Ellen Braun formally opened the conference by presenting the topic and introducing the speakers.

Law and economics : How does the law find its way to the economy and the economy to the law ?

The legal perspective was presented by Prof. Dr. Peter Meier-Beck (Presiding Judge, Bundesgerichtshof) ; the economic perspective was explained by Prof. Dr. Kai-Uwe Kühn (Professor of Economics, University of East Anglia) ; and Dr. Lukas Rengier (Senior Associate, Allen & Overy, Hamburg) and Dr. Ellen Braun (Partner, Allen & Overy, Hamburg) then elaborated upon the legal perspective from the specific point of view of lawyers.

Dr. Braun started by outlining the history of private enforcement actions and claims in Germany. Back in 2003 and 2004, there were only a few cases. Private enforcement became more common after the 2005 legal reform, and has been on the rise since then ; in 2018, there were already thirty-four court decisions. As a result of the 2005 amendment, which introduced plaintiff-friendly rules ; the awarded damages have overtaken the fines imposed.

Photos © Emilie Gomez

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  • Bundesgerichtshof (Karlsruhe)
  • Allen & Overy (Hamburg)
  • University of East Anglia (Norwich)
  • Allen & Overy (Hamburg)