The European, Middle Eastern and African Antitrust Review 2018

Germany: Private Antitrust Litigation

14 August 2017

Why litigate in Germany? There are obvious reasons why Germany is one of three European jurisdictions in which private antitrust litigation, in particular private damage claims, have become a significant factor of competition law enforcement. Following significant changes introduced to its national competition legislation in 2005, German courts were building up a body of case law step by step, clarifying issues that needed clarification. In 2017 Germany introduced a legislative package referred to as the 9th Amendment to the German Act against Restraints of Competition (ARC) to implement the rules of the European Damages Directive of 20141 in German law. These changes partly confirmed the body of case law that has been built up since 2005. But the package also introduced significant changes to German law, especially a system of disclosure of evidence relevant for damage claims.

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