33 million euros in damages – this is what petrol station operator Jet is claiming from the German banking industry due to allegedly excessive merchant fees for Girocard payments (electronic cash). The Berlin Regional Court dismissed the claim because the merchant fees were not excessive, as Jet claimed. In addition, Jet demanded extensive access to files from discontinued administrative proceedings of the Federal Cartel Office in connection with the merchant fees, apparently hoping for chance discoveries. Jet relied on the Freedom of Information Act (IFG), i.e. the normal access to information for citizens. The Cologne Administrative Court wanted to grant access to the files. Following an appeal by the German Savings Banks and Giro Association (DSGV) and the Federal Cartel Office, the Higher Administrative Court of North Rhine-Westphalia has now ruled that access to files is not an option for cartel damages claimants under the IFG.

OPPENLÄNDER successfully represented the DSGV – Deutscher Sparkassen- und Giroverband before the Regional Court of Berlin and the Higher Administrative Court of North Rhine-Westphalia under the leadership of antitrust law partners Dr Andreas Hahn and Dr Martin Fink and litigation partner Dr Matthias Lorenz.