July 31, 2015

Food Magazine Publishes Steger's “The Route to Successful Antitrust Damages”

Frankfurt-based Antitrust associate Dr. Jens Steger published an antitrust analysis regarding the legal possibilities of so called “Consolidation of Damages Clauses” (Schadenspauschalierungsklausels) under German and European antitrust law in Food–Newspaper (Lebensmittel Zeitung, LZ 31, page 16), the leading newspaper for the German food industry. In the article, Steger analyzes different considerations and points out the inconsistent judgments of the Regional Court Mannheim, the Higher Regional Court Karlsruhe, as well as the Regional Court Potsdam, that have most recently ruled about such damage clauses. He closes his analysis with the advice that while the use of “Consolidation of Damages Clauses” is still possible in practice, it needs to take into account the most recent legal developments to be legally watertight.

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