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Our methods of working

 

 

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.

 

Methods of working - Example of the German cement cartel:
Technical course - Example of the German cement cartel: 

 

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.

 

CDC-Presentations:

 

Forum Kartellrecht, Münster (DE), 16.11.2005
CDC Presentation, Glasgow (UK), 24.10.2006
Vereniging voor Mededingingsrecht, The Hague (NL), 25.04.2007
ENCORE Workshop, The Hague, 01.11.2007
College of Europe, Global Competition Law Centre, Brussels, 20.06.2008
Gruppe 3 g - Münchner Kartellrechtsforum, Munich (DE), 29.07.2008
Colloque du Jeune Barreau, Brussels, 12.02.2009
ALDE Seminar on Collective Redress, Brussels, 04.03.2009
IBC Conference: Cartel Risks, Brussels, 06.03.2009
Université de Lille: Colloque „L’action collective: Anticiper son introduction pour optimiser son potentiel ?", Lille, 02.10.2009

 

„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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