Germany – Damages: The German Federal Court of Justice rules that indirect purchasers have standing to sue in private antitrust litigation but at the same time allows infringers to invoke the possibility that the overcharge might have been passed on (ORWI)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Bundesgerichtshof, 28 Juni 2011, ORWI, Az. KZR 75/10 With the adoption in 2005 of the 7th amendment to the Law against Restrictions of Competition (Gesetz gegen Wettbewerbs¬beschränkungen), the German legislator introduced important innovations designed to make the legal protection of victims of cartels and illegal practices more effective and operational. These innovations include the widening of the circle of persons with legal standing, the possibility for qualified associations to bring legal action (with the exception of actions for damages), the right of these associations to levy (for the benefit of the federal budget!) from the profits obtained from