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The principle of claims purchase and
claims bundling is a key element in
overcoming the practical obstacles to the
enforcement of damage claims in the field of antitrust law. CDC
performs the task of coordinator and promoter,
enabling and facilitating the development of
claim bundles and their enforcement.
Purchasing
and bundling
the damage claims of a multitude of claimants allows
for a centralised and standardised collection and
analysis of market data. In doing so, well-founded
conclusions as to the total market and to the cartel
damage incurred by the individual market
participant can be drawn.
In order to
collect the relevant facts, CDC has developed a specific
process
called ‘tradebaCCC’ (means transaction data evaluation
based Competition Compliance Check), which is aligned with the
characteristics of claims for damages in antitrust
law. The process provides a
highly differentiating data base that allows for a
substantiated analysis of market development and
cartel related effects. At the same time it is applicable in
almost every product market with few modifications
and variants.
Furthermore, CDC has access to a global network of expert lawyers and
economists which allows
for early access to documents and findings
that also have evidentiary value in Europe. Thus, CDC
can effectively contribute to efficient and coordinated damage
claims settlements for supranational cartel cases.
As soon as adequate evidence for the actual effects
of the cartel
and the legal enforceability of damage claims have been assessed, CDC
decides on possible claims enforcement, taking
account of
the pursued objectives and the appropriate legal
jurisdiction. Notwithstanding the bundling of claims, CDC offers
flexible models for the enforcement of damage
claims and the involvement of the claimants, taking
specifically into account the interests of each damaged company.
The permanent staff of CDC consists of lawyers,
economists and IT experts. Litigation
against third parties is invariably conferred to
external law firms.
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Methods of working - Example of the German cement
cartel:
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Technical course - Example of the
German cement cartel: |
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The protected area of
the CDC-Website plays a key role in the
evaluation of market data performed by tradebaCCC.
The data collection process is carried out
directly via SSL-encoded internet access. This approach allows for a significant
acceleration of data entry and evaluation. |
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CDC-Presentations: |
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Forum Kartellrecht, Münster (DE), 16.11.2005 |
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CDC Presentation, Glasgow (UK), 24.10.2006 |
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Vereniging voor Mededingingsrecht, The Hague
(NL), 25.04.2007 |
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ENCORE Workshop, The Hague,
01.11.2007 |
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College of Europe, Global Competition
Law Centre, Brussels,
20.06.2008 |
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Gruppe 3 g - Münchner
Kartellrechtsforum, Munich (DE), 29.07.2008 |
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Colloque du Jeune Barreau, Brussels,
12.02.2009 |
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ALDE Seminar on Collective Redress,
Brussels, 04.03.2009 |
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IBC Conference: Cartel Risks,
Brussels, 06.03.2009 |
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Université de Lille:
Colloque
„L’action collective: Anticiper son introduction
pour optimiser son potentiel ?", Lille, 02.10.2009 |
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„tradebaCCC“ is a registered
Community
Trademark
at the Office for Harmonization in the
Internal Market
(Trade,
Marks and Design) under No. 003387594.
"CDC Cartel Damage Claims" is a registered
Community
Trademark at the Office for Harmonization in the
Internal Market (Trade, Marks and Design) under No.
003387611. |
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