Calculating cartel damages is complex, difficult and expensive. For this reason, many basic judgments have been handed down in damages proceedings in the past, but only rarely judgments on the amount of specific damages.
When it came to decisions on the amount, the courts applied different methods. In some cases, there were liquidated damages contract clauses. Other courts, e.g. the Dortmund Regional Court, estimated the amount of the claim without expert assistance. In some cases, the courts made “simple” price comparisons.
The Berlin Regional Court has now upheld about half of BVG’s claim for damages, using a different method. It also estimated the damages itself, but on the basis of the submitted econometric party opinions.
Dr. Christoph Wolf (antitrust law), Dr. Matthias Lorenz (litigation), Dr. Raphael Höll (dispute resolution) and Dr. Christopher Réti (antitrust law) represented BVG.
Further information can be found here.
