Cases

From fine art auctions to the banking sector and a variety of industrial products, illegal anticompetitive practices can exist in virtually all markets. The infringements of antitrust law affect numerous market participants, businesses and end-consumer, who might claim for damages.

Potential cases 

The European Commission and national competition authorities regularly detect and fine ‘hardcore cartels’ across all markets and sectors. According to the Commission’s Directorate General for Competition, EU-wide cartels have been detected and fined for example in the following markets:

Bananas (2008), calcium carbide (2009), car glass (2008), elevators and escalators (2007), flat glass (2007), gas (2009), gas insulated switchgear (2007), paraffin waxes (2008), plastic additives (2009), removal services (2008), synthetic rubber (2006), vitamins (2001).

It is established case law of several national courts in Europe that there is a legal presumption according to which hardcore cartels have market-effects such as to significantly damage other market participants (see Damage Quantification).

Therefore, like the European Commission stresses in every press release accompanying its cartel decisions, any victim of the given anticompetitive behaviour may enforce its damage claims before the national courts of the Member States. The victim plaintiff shall submit elements of the published decision as evidence that the illegal infringement took place. Although the Commission has fined the companies concerned, damages may be awarded without these being reduced on account of the Commission fine.

Where might CDC be active?

CDC might in principle be active in the purchase, preparation, and enforcement of antitrust damage claims in any market and sector all over Europe. Should your company be affected and possibly damaged by an existing cartel, we encourage you to get in touch with us.  It is possible that we are already engaged in the case, or you might convince us to do so. Equally, we might arrange for further contacts with market insiders, other damaged companies or their representatives.

Please find our contact details under Contact. We ensure anonymity and confidentiality.

Where CDC is already active

It is a key principle of CDC to assess and prepare every case with full accuracy in a way that is most likely to hold up under court scrutiny. We consider both out-of-court settlements and enforcement in court to be viable options for securing compensation and we decide on a case by case basis which approach is advantageous. The following pages provide information about those cases in which CDC initiated legal actions:

- German Cement
- Hydrogen Peroxide

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