INTERNATIONAL: GERMANY - AUSTRIA - PRIVATE ENFORCEMENT - GROUP LIABILITY - COLLECTIVE DAMAGE - DAMAGE ASSESSMENT

Austria/Germany: Recent developments in private enforcement

In the following select points from the Austrian and German legal systems will be presented with relevant case law. In particular, the report will identify and discuss a number of hotly debated topics and the most recent developments, including defendants’ “group liability,” collective redress, and assessment of damages.

I. Implementation of the Directive on private enforcement 2014/104/EU 1. Both Austria and Germany provide for specialised legislation on private enforcement. In Austria, the applicable rules are to be found within the framework of the Cartel Act (“Kartellgesetz”), [1] whereas, in Germany, the rules are to be found within the Act against Restraints of Competition (“Gesetz gegen Wettbewerbsbeschränkungen”—hereinafter “ARC”). [2] Prior to the Directive on private enforcement 2014/104/EU, [3] both statutes included some rather rudimentary rules for private enforcement. However, at times recourse was had to the general rules of the civil codes; that is, to the ABGB and the BGB, respectively. [4] This changed with the implementation of the Directive on private enforcement 2014/104/EU, which was—as

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  • Spieker & Jaeger (Dortmund)

Quotation

Thomas Thiede, Austria/Germany: Recent developments in private enforcement, November 2021, Concurrences N° 4-2021, Art. N° 103023, www.concurrences.com

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