CDC has ample resources for the case funding and management of complex and lengthy legal actions. This includes safeguards in relation to adverse cost risks. If required, we cooperate with third party litigation funders and specialised investment funds. CDC can therefore offer companies, affected by infringements of competition law, comprehensive value added solutions, including all relevant financial aspects.
High costs and uncertainty regarding the outcome of the potentially long-lasting proceedings are some of the main obstacles to the enforcement of damage claims relating to infringements of competition law. Without the necessary funding in place an action for damages will not succeed or if insufficient funding is in place a claimant may be forced to settle the case early for a fraction of the claim’s realistic value.
CDC offers a one-stop shop for damaged companies by providing a broad range of solutions to cartel victims from a first economic assessment of damages to the effective outsourcing of the entire damage action which can include the entire purchase of the damage claims. This closely aligns both the interests of victims of antitrust violations with the interests of CDC.
The alignment of interests is particularly relevant in relation to the choice of forum as there are substantial differences between the European Member States in respect of the efficiency of the legal system, duration of proceedings, costs and cost risks. While lawyers of cartel victims are interested in litigating in their home jurisdiction, this may not necessarily be the best placed jurisdiction in each case.
Cartel victims interested in benefitting from external case funding with CDC will take advantage of clear and transparent commercial conditions, a proven track record, and in-depth knowledge of the economic and legal pitfalls of antitrust damage claims.
CDC can therefore offer companies, affected by infringements of competition law, comprehensive value added solutions, including all relevant financial aspects.