With "Rail Cartel VI" there is another landmark decision of the BGH on cartel damages. Once again, the case involves the action of an OPPENLÄNDER client. The BGH now confirms the effectiveness of liquidated damages clauses for cartel damages of up to 15%. The companies involved in the cartel bear the burden of proof that no damage has occurred.
"Rail Cartel VI" thus has major implications for practice. The Federal Court of Justice (BGH) probably takes a similar view and has earmarked the judgment for the official collection ("BGHZ"). In addition, the judgment contains important information on damage assessment and economic analysis.
Our partners Albrecht Bach, Matthias Lorenz and Christoph Wolf represent the plaintiff, Berliner Verkehrsbetriebe (BVG), in the instances. Inhouse at BVG, Ute Bonde and Sonja Zeitler are leading the proceedings with great commitment. Before the BGH, Axel Rinkler represented.