The EU Directive on Antitrust Damages Actions requires the 28 EU Member States to adapt their laws and procedures to comply with the Directive by 27 December 2016 at the latest. It establishes a basic right to claim damages for loss caused by antitrust infringements, and establishes a minimum framework of rules concerning proof of the infringement, the measure of damages, the right to obtain document disclosure in support of a claim, the so-called passing-on defence, limitation periods, joint and several liability, and contributions among joint infringers. Read the full Special Report here.
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).
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