Abstract

The Regional Court of Dortmund caused a stir again. Most recently the court considered the right of the undertaking to claim damages itself. This time it was about the estimation of the amount of damages caused by cartels. In the past, German courts in general were very reluctant to estimate damages under Sec. 287 ZPO (German Code of Civil Procedure). However, the Regional Court of Dortmund has now for the first time taken the opportunity to estimate cartel damages according to its own free conviction and discarded the usual restraint with an damage estimation of 15 %. The author discusses the relevant findings of the case and concludes that the judgement - when adopted by other German courts - will benefit Germany's attractiveness as a forum for cartel damages claims.

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