About CDC
CDC overcomes the
obstacles to private antitrust enforcement
CDC is a
Brussels-based group
of companies who specialise in the purchase, the preparation and the enforcement of
damage claims resulting from the infringement of European and/or
national antitrust law.
By bundling claims CDC synergises the interests involved and
sets incentives for all stakeholders to cooperate in the compensation
process. It promotes a truly ‘
European-style’ concept
of private antitrust enforcement.
When CDC commenced its operations in 2002, it was the first to consider
damage claims based on antitrust law infringements as
self-contained and marketable
assets.
Since then, CDC has participated in the development of this market in a
constructive and innovative way. In particular, CDC has developed practical
solutions to overcome the obstacles which currently
exist to private antitrust enforcement, such as:
- Quantification of individual damage
- Evidence on cartel-based damage and causality
- Cost intensive preparation and enforcement of claims
- Financial risks
- Ongoing business relationships
For an
individual cartel
victim
it is often difficult to quantify the damage sustained as a result of
anticompetitive practices. Due to the secret nature of cartels, the collection of the relevant facts is
difficult. Furthermore, a market-wide damage
analysis is necessary to demonstrate the effects of the cartel.
The enforcement of claims is also cost intensive and can pose financial
risks, since the outcome of a case is largely uncertain. As a result, in particular,
small and medium-sized companies are often reluctant to enforce
claims against their suppliers.
CDC tackles these problems by a collective approach based on following steps:
- Purchase of damage claims from a multitude of victims
- Central collection and analysis of company and industry-wide market data
- Quantification of the cartel-related overcharge and individual damage
- Collective enforcement of claims out-of-court or (if necessary) in court
CDC bears the full costs and risks of the preparation and the
enforcement of the bundled claims. With its commitment, unique
experience and know-how CDC seeks to ensure the effective recovery of valuable damage claims
plus interest.
Who might cooperate with CDC?
CDC is a potential cooperation partner and contact point for all
stakeholders directly or indirectly involved in the private enforcement
of European and/or national antitrust law. In particular the following
entities can benefit from cooperation with CDC:
- Victims of cartels
- Corporate legal departments
- Trade and consumer associations
- Law firms
- Economic consultancy firms
- Investors and litigation funders
- Cartel members interested in compensating victims
and/or settling the damages caused
CDC believes that cooperation of the stakeholders, including
cartel
members, is a central element in the overall process of
effective compensation of cartel victims.
Experience
CDC has unique
experience in
the field of private enforcement of antitrust law in Europe. The
increasing number of cases CDC is involved in attracts widespread
attention in both the business and legal community (see Press).
In addition to receiving confirmatory judgments by highest national
courts, CDC has successfully settled cartel-related damage claims
out-of-court, confirming its reputation as a reliable business
partner. CDC’s experience and knowledge in the field, as well
as
its contribution to the development of private enforcement of antitrust
law in Europe, has meant that members of the CDC team are frequently
invited to speak at conferences and participate in expert panel discussions (see Presentations).
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