January 22, 2018

Antitrust damage regress against managers – Nothing but expenses


Hans-Joachim Fritz has published in BetriebsBerater, a German interdisciplinary journal on commercial, labor and tax law, as well as on economic matters. In his article, he deals with a decision of the German Federal Labor Court (file# 8 AZR 189/15) regarding managers' liability for cartel fines due to their misconduct. The quintessence quotes that even employees in leadership shall not bear full liability as a consequence of failures or misconduct during their employment. Managers' liability shall be limited on the grounds of ordinary employees' privilege to a reasonable extent accordingly since claims amounting to millions of Euros could endanger the livelihood of single persons.

[Article available only in German]

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