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July 24, 2015

Steger Publishes Article in Handelsblatt Rechtsboard on Compounded Antitrust Compensation

Steger Publishes Article in Handelsblatt Rechtsboard on Compounded Antitrust Compensation Through Purchase and Delivery Conditions

Frankfurt-based Antitrust associate Dr. Jens Steger published a short article in the prominent Handelsblatt Rechtsboard about the legal possibilities of a so-called “compounded antitrust compensation clause” in purchase and delivery conditions. Such a clause in general gives the legal possibility to turn around the burden of proof in cases of antitrust infringements by a supplier. One of the main advantages of such a clause would be that the victim of an antitrust infringement must not prove the amount of the damage according to German law. Moreover the (former) cartelist(s) has/have to prove that the concrete damage is (much) lower than the agreed damages in case of an antitrust infringement.

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