Competition Damages Proceedings in Germany – The New Rules on Disclosure

By Dr. Tilman Makatsch & Babette Kacholdt – 

The rules governing cartel damages claims in Germany have been amended and now include a disclosure-regime. This new regime provides the possibility for a party to cartel damages proceedings to request disclosure of evidence and information from the respective other party to the cartel damages proceedings and third parties. To date, there is hardly any judicature available that provides guidance on the application of these new rules. The article provides an overview over important aspects of the newly created system of disclosure. It further highlights some of the issues parties may encounter and makes suggestions how to address them.

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