Abstract
Private enforcement cases to claim cartel damages have been steadily on the rise in Europe in recent years. Apart from increased public enforcement, this is also due to the efforts of the European Commission to enable such private enforcement. At least since Courage v Crehan1 and Manfredi2, it is generally accepted that any affected party can claim compensation for harm suffered from an infringement of EU competition rules.3 As manufacturers frequently sell through retailers, many follow-on cases involve retailers claiming damages from brand manufacturers. In fact, we subsequently illustrate our analysis with the German coffee cartel. In the market for coffee, but also elsewhere, store brands have become ubiquitous, at least in grocery retailing. The procurement of store brands may often not be directly affected due to the nature of production and supply of these products. For instance, in the case of coffee, the respective...
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