Germany: Private Antitrust Litigation

Private antitrust litigation has a long and widespread tradition in Germany. According to a discussion paper published by the German Federal Cartel Office (FCO) in 2005,{{+footnote}} 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, often closely related to contract disputes.