The European Antitrust Review 2010

Germany: Private Antitrust Litigation

01 September 2009

With the Seventh Amendment to the German Act against Restraints of Competition (ARC), effective from 1 July 2005, the German legislature amended the ARC with the specific intention to facilitate private antitrust enforcement. Until then private antitrust enforcement focused mainly on anti-competitive behaviour by dominant undertakings, whereas hard-core cartels were rarely subject to private party claims. Although private damages actions based on cartel infringements are still not widespread, they have become more common and it is to be expected that in particular follow-on actions will become well established within the German civil law system.