Answer ... Yes, private enforcement actions against cartels are available in Germany. Exclusive competence for private enforcement actions seeking damages for cartel law infringements is assigned to the regional courts. Under general procedural rules, the locally competent regional court is generally the regional court at the place of business of the defendant. Within the districts of the various regional courts in a given German state, the competence for private enforcement actions against cartels is referred by way of an ordinance to one or several particular regional court(s) within the state.

Answer ... Yes, since both companies and individuals may be held liable for cartel law infringements.

Answer ... Collective proceedings or class actions are not available. However, customers can submit damages claims via third parties by assigning their claims to them. This is of particular interest for smaller companies that would not otherwise have the financial resources to enforce their legal rights through litigation, as well as for larger companies facing a significant absolute cost risk in case of high amounts of damage claims.

If cartel damage claims are assigned to a third party which brings the claims through a vehicle that has been founded solely to claim customers’ damages on its own behalf, it must be ensured that such vehicle is properly funded. Otherwise, courts will consider the claim to be contra bonos mores (immoral) and void, as a major part of the procedural risk is shifted to the defendant, thereby circumventing the defendant’s legal rights.

Following legislative measures to promote private competition law enforcement, today there is considerable activity in the German market of litigation law firms cooperating with process financiers. Several cases are pending before German courts which involve numerous damages claims bundled by way of assignment to the claimant.

Answer ... Private enforcement actions start with the filing of the statement of claim with the competent regional court. Subsequently, there will be a few rounds of exchange of written pleadings. The court may hear witnesses and assess documents. Further, the court will often commission an expert opinion from an economic expert on the amount of damage incurred by the claimant as a result of the cartel infringement. If it is established to the conviction of the court that the claimant incurred damage in the amount sought by the action, it will grant the claimant a respective amount. Otherwise, the action will be entirely or partially dismissed. In order to avoid partial dismissal of an enforcement action, the claimant may choose to bring initially only an action for a declaratory judgment.

Answer ... In case of cartel infringements, claimants may seek compensation of actual damages caused by the infringement, as well as necessary legal expenses and appropriate fees of economic experts. The amount of actual damages incurred by a claimant is often determined based on an expert opinion from an economic expert commissioned by the court.

Answer ... Yes, a judgment of the competent regional court in a private enforcement action can be appealed to the competent higher regional court.