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German court protects the confidentiality of leniency submissions

  • McDermott Will & Emery
  • -
  • Germany
  • -
  • February 14 2012

In the wake of the seminal European Court of Justice (ECJ) ruling in case C-36009 - Pfleiderer AG v Bundeskartellamt, Amtsgericht Bonn (Bonn local court), in a decision rendered on 18 January 2012 (case 51 Gs 5309), has refused to give a damages claimant access to leniency submissions held by the German Federal Cartel Office (FCO

Supreme Court allows the passing-on defense in antitrust damages actions

  • McDermott Will & Emery
  • -
  • Germany
  • -
  • July 8 2011

The German Supreme Court, in a landmark ruling handed down on 28 June 2011, has held that members of a cartel are able to defend themselves against a claim for damages by raising the defense that the relevant applicants have passed on the damage caused by higher prices onto a downstream market (the so-called "passing-on defense"

German antitrust regulator steps up the fight against gun-jumping

  • McDermott Will & Emery
  • -
  • Germany
  • -
  • June 30 2011

More than 100 countries worldwide have merger control regimes, which require parties to reportable transactions to notify antitrust regulators and obtain competition clearance