Recognition and Recommendations2017-05-04T13:52:56+00:00

Recognition and Recommendations

CDC with its innovative solutions to the enforcement of antitrust damage claims has acheived wide recognition and has been subject of several academic articles and policy studies. Our activities have also received recognition from acclaimed by public stakeholders:

“In the absence of effective collective redress, assignment solutions have found their way into German law. The Belgian company Cartel Damage Claims (CDC) acquires damages claims against cartel participants and brings them to court in a bundled manner. Thanks to the central administration of the several claims by one professional service provider, the costs of civil procedure stay low.”

– Professor Dr Andreas Heinemann (University of Zurich), ‘The Rise of a Private Competition Law Culture Experience and Visions’, 2011, p. 5

“The CDC case is an indication that private antitrust litigation is likely to gain ground in Germany. […] So far, private damages actions for cartel infringements have been rare exceptions. In most EU states, high litigation costs, i.e., the rule that the loser pays the winning side’s legal fees, court fees and costs of claim and damage substantiation, discourage plaintiffs from bringing stand-alone actions. The bundling and collective enforcement of damages claims by third parties removes some of these obstacles by significantly improving the cost-risk ratio for such private actions.”

Debevoise & Plimpton LLP, ‘The Dawn of Private Antitrust Litigation – German Federal Court Confirming Admissibility of Bundled Claims for Damages From Cement Cartel’, client update of 21 April 2009

“CDC purchased cartel-related damage claims from several claimants and filed actions under its own name and on its own account. […] While it is not yet clear whether this form of funding can successfully apply to mass actions (i.e. those involving final consumers), claims transfer to a third party may help to overcome the problem of lack of participation by injured parties and represent an alternative and effective way of stimulating collective actions”.

European Parliament, study of 2012

“[A] model to be taken into considerations […] and already practiced under the established legal framework is the transfer of individual claims for damages to a third party whose business is geared towards enforcing these claims collectively.”

German Ministry of Justice, 2011

“Another variant of joinder procedures are joinder of claims. […] Such procedures can be used when several plaintiffs transfer their claims to one individual or an association, which then can claim these rights on its own behalf. […] Another example, but with a profit organization instead of an association, can be found in Belgium/Germany. The Belgian Cartel Damage Claim S.A. brought claims of 28 victims for damages in its own name against a German concrete cartel in front of a German court claiming a total of 100 million euro.”

European Commission, Report of 2007

“When CDC was set up in 2003, its business model was untested, but its logic seemed sound. It aimed to navigate some of the problems that have since been articulated by the European Commission in its 2008 white paper on damages actions. […] The approach has clear advantages for cartel victims: claimants with tight budgets have no exposure to extensive legal costs; multiple claims can be pursued in a single case, reducing procedural inefficiencies; and, perhaps most significantly, if there are enough claimants, it removes some of the stigma associated with suing business partners.”

– P. Scott, A new model for private damages, Global Competition Review [2009] Vol. 12(9)