Schalast | Private enforcement of antitrust law (private enforcement)

We are highly experienced in defending against cartel damages claims or enforcing them on behalf of the cartel victim. Thanks to our close links with the Dispute Resolution practice group, we help companies to assert cartel damages incurred as a result of other companies' behavior in violation of antitrust law, both in and out of court, and to defend themselves against cartel damages claims.

Cartels can lead to a significant distortion of competition. If, for example, manufacturers of certain products agree on their future price increases, there is a presumption that customers have suffered damage as a result of this cartel agreement. 

Quantifying the cartel damage is a particular legal and economic challenge. This is because no one knows the hypothetical competitive price that would have existed without the cartel. Depending on the case, it may be possible to estimate the damage on the basis of factual indications, the admissibility of which has been further strengthened by the decision of the Federal Court of Justice in the “Lkw-IV” case. Alternatively, an expert opinion on the damage can be obtained from specialized competition economists. For many years, we have been working with leading experts in this field and can offer you comprehensive advice from a single source.

Even if you are not certain whether your company is among the injured parties of a cartel, we will support you in this process. We apply for full access to the files at the Federal Cartel Office or the European Commission and find out whether your company can assert claims. Despite the Business Judgement Rule, the examination of the “whether”, i.e. the existence of claims, is of great importance for the exemption of management from liability. We not only have experience in proceedings before national courts, but also represent our clients in proceedings before the European courts, including the European Court of Justice.