Plaintiffs in cartel damages litigation in Germany will no longer be able to rely on prima facie evidence to prove that a cartel has caused them to suffer loss and damage.
This marks a significant reversal of recent case law. As a general rule, cartel victims must now provide evidence as to specifically how and why their business transactions were affected by a cartel and that they suffered loss as a result. It remains to be seen how this requirement will be applied by the civil courts in practice.