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Part II The Member State Reports on Transposition of the Directive, 6 Germany

Christian Kersting

From: The EU Antitrust Damages Directive: Transposition in the Member States

Edited By: Barry Rodger, Miguel Sousa Ferro, Francisco Marcos

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 27 October 2020

Cartels — Damages — National enforcement — Jurisdictions — State and competition law

This chapter focuses on the transposition of the Antitrust Damages Directive in Germany. It first provides an overview of the transposition procedure, focusing on the role of the Federal Ministry for Economic Affairs and Energy in drafting the legislation to transpose directive 2014/104/EU into German law. It then considers the scope of the German regime regarding cartel damages and how it was incorporated into the German Act against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen, GWB) for exclusive application to competition law infringements. It also examines specific issues that arose during the transposition, including those relating to the directive’s definitions, the binding force of decisions of other Member States, parent company liability for fines, group liability for damages, the presumption and quantification of damages, joint and several liability and recovery of contribution from co-infringers, the liability of immunity recipients, the liability of small and medium-sized enterprises, disclosure of evidence, and settlements.

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