C ARTEL D AMAGE C LAIMS

– CDC –

THE EUROPEAN BRAND FOR PRIVATE ANTITRUST ENFORCEMENT


























'If this example is applied in larger scope, there might be an increasing number of cases in future also in the field of private actions against members of hardcore cartels.'

Working Group Competition Law of the German Federal Cartel Office (2005)















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:

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:

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:

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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