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Damages › German Act against Restraints of Competition (GWB)

Hogan Lovells

"Friends forever? Joint and several liability for cartel damages"

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Good friends can never be separated… - In 2014, the German Antitrust Authority (the Bundeskartellamt) imposed a fine of almost EUR 200 million on a single member of the ‘sugar cartel’. Therefore, the price for a good...more

Hogan Lovells

What applies as of when? – When will the 9th amendment of the German Act against Restraints of Competition (GWB) apply?

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So it has begun. However, when will the new provisions of the 9th amendment of the GWB actually apply? Aside from a number of exceptions, the 9th amendment will come into force on the day following its promulgation. But, a...more

Hogan Lovells

The return of the kin liability (Sippenhaft) – Liability of parent companies after the 9th amendment of the German Act against...

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The Middle Ages are regarded as the golden age of the kin liability (Sippenhaft) in Germany. According to the principle of kin liability, family members had to stand up for the actions of their relatives, regardless of...more

Hogan Lovells

(No) need to argue – What is certain, what is presumed and what can be estimated in cartel damage litigation after the 9th...

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Where is no plaintiff, there is also no judge: Private enforcement of competition law presupposes that there are plaintiffs who take a cartel to court. Plaintiffs exist where actions are worth it. Cartel victims may obtain...more

Hogan Lovells

Plaintiff's paradise? – The passing-on defense after the 9th amendment of the German Act against Restraints of Competition (GWB)

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Cartelists facing damage claims by their customers regularly defend themselves with the objection of the so-called passing-on defense. According to such objection, a purchaser of the cartel cannot claim damages in so far as...more

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