German Federal Court of Justice Raises Evidential Bar for Plaintiffs in Cartel Damages Claims

Plaintiffs in cartel damages litigation in Germany will no longer be able to rely on prima facie evidence to prove that a cartel has caused them to suffer loss and damage.

This marks a significant reversal of recent case law. As a general rule, cartel victims must now provide evidence as to specifically how and why their business transactions were affected by a cartel and that they suffered loss as a result. It remains to be seen how this requirement will be applied by the civil courts in practice.