Enacting the new Directive on private antitrust damages actions will require significant changes in German law. In the present Update we look into antitrust damage claims in Germany and the impact of the Directive, including, among others:

  • current climate for private antitrust damages actions in Germany;
  • access to evidence;
  • joint and several liability and leniency recipients;
  • actions for damages by plaintiffs from different levels in the supply chain;
  • funding options and costs implications.

Mayer Brown is closely monitoring the impact of the Directive on local law and procedures in Member States. In the coming weeks we will comment on the position in France, compare the position in the EU with that in the US, and look at some cross-jurisdictional issues such as choice of forum.

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