Germany: Private Antitrust Litigation

Private antitrust litigation has a long tradition in Germany and is widespread. According to a discussion paper published by the German Federal Cartel Office (FCO) in 2005,1 German courts register several hundred private antitrust cases each year; there were approximately 900 cases between 2002 and 2005. Private antitrust litigation in Germany comes in many different forms. Proceedings are not limited to follow-on damages claims. Rather, there is a high proportion of stand-alone litigation, in many instances closely related to contract disputes.