Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Monday, May 20, 2019

Prima Facie Evidence in Cartel Damages Litigation – Landmark Decision by the German Federal Court of Justice in the Rail Cartel Case

Christian Ritz; Carolin Marx; Manuel Bogenreuther offer Prima Facie Evidence in Cartel Damages Litigation – Landmark Decision by the German Federal Court of Justice in the Rail Cartel Case.

ABSTRACT: The German Federal Court of Justice’s (in German ‘Bundesgerichtshof’, short ‘FCJ’) last ruling1 on a competition law case of 2018 attracted a lot of attention and some surprise amongst practitioners. On 11 December 2018, the FCJ’s Cartel Panel handed down a landmark decision regarding private competition law enforcement. The decision dealt with the applicability of the principle of prima facie evidence (in German ‘Anscheinsbeweis’) regarding causation of damages.

 

https://lawprofessors.typepad.com/antitrustprof_blog/2019/05/prima-facie-evidence-in-cartel-damages-litigation-landmark-decision-by-the-german-federal-court-of-j.html

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