Grey cement cartel, Judgment, OCL 210 (DE 2016), 6 U 204/15 Kart (2), NZKart 16, 595, WuW 17, 43, 9th November 2016, Germany; Baden-Württemberg; Karlsruhe; Higher Regional Court [OLG]
Whether an action for declaratory relief in the context of private litigation was admissible even though the plaintiff could already claim damages, given that the process of harm quantification was costly and tedious.
Whether there was prima facie evidence (Anscheinsbeweis) of the price-driving effect of a quota cartel on every purchase from a cartelist during the cartel period, and an assumption of after-effects on the price level after the cartel has terminated.
Whether there was prima facie evidence (Anscheinsbeweis) of the so-called umbrella effects of a cartel on prices of non-cartel-members in the same market.
Whether the so-called passing-on defence was a relevant factor in actions for declaratory relief of cartel damages.
Whether the claim of a plaintiff was already time-barred.