German Supreme Court Allows Indirect Purchaser Claims and Passing-On Defence in Cartel Damages Actions

By on June 29, 2011

by Martina Maier and Philipp Werner

On Tuesday, June 28, 2011, the German supreme court (Bundesgerichtshof-BGH) has clarified two important questions concerning cartel damages actions in Germany.

First, indirect purchasers as well as direct purchasers are entitled to seek damages from cartel members. Second, cartel members can use the "passing-on" defence and argue that their customers have passed on the damage suffered from the cartel (BGH, judgement of 28 June 2011 – KZR 75/10).