European and national competition authorities regularly impose fines on cartel members for their participation in illegal activities. Given the high number of potential cases for claims enforcement, identifying cases in which a favourable outcome can be reached is the first important challenge.
CDC’s careful case selection includes monitoring cartel decisions and analysing the affected markets. Facts of each case are analysed thoroughly including the type and scope of the infringement, the cartel participants and the administrative proceedings leading to the cartel decision. Case selection analysis includes a preliminary legal and economic assessment. From an economic perspective, the volume of the affected markets, both in quantity and monetary terms, is identified. Relevant parameters such as demand, supply and capacity are carefully assessed together with price developments and preliminary indications of damaging cartel effects. The preliminary case selection assessment enables CDC to form well-founded conclusions regarding the risks and potential value of claims, as well as the most efficient enforcement strategy.