Cartels are prohibited throughout the world in almost every market oriented legal system. Infringements of the cartel prohibition may lead to high fines for cartel members. Those who are personally involved in illegal price coordination or quota-fixing may be punished with tough fines or even with a prison sentence. These legal consequences linked to a cartel infringement mirror the high significance liberal, legal and economic systems attribute to undistorted competition. The EU-Commission estimates that hardcore cartels alone result in annual damages of between € 25 billion and € 69 billion in Europe.

The cartel prohibition is, however, no end in itself. It also safeguards the interest of single companies and consumers. European legal systems therefore grant damage claims to the victims of illegal cartel activities against cartel members. On first glance, this seems to be a satisfactory situation. However, beyond all findings in theory there is a dramatic lack in practical realisation.

The reasons for this are multi-layered.

• In many cases, documentary evidence of existence, duration and functioning of cartels is hardly available. Cartels act secretly. Their detrimental effects and the relevant causal links remain a secret to an injured company.

• Both successful enforcement of damages claims and the investigatio of the relevant facts require specific knowledge and know-how. Developing own competence involves significant efforts in terms of money, time and human resources.  

• Often business activities with cartel members and economic dependencies are ongoing. Cartel victims therefore fear that the enforcement of damage claims - possibly in court - may result in retaliatory measures for their future supply.

Holders of damage claims are in a situation of structural disadvantage. CDC helps to overcome these disadvantages and allows for the successful enforcement of damage claims.