BGH to the requirements for proving a cartel damage
Judgment of 12. July 2016 – KZR 25/14 – Lottoblock II
The Cartel Division of the Federal Court has dealt with it, how far the binding effect on the determination of an antitrust infringement in the cartel administration proceedings, if compensation is sought for this offense later, and what requirements are to be set at the detection of a defect.
The applicant, a commercial lottery broker, requires the defendant, the lottery company of North Rhine-Westphalia, Damages for an antitrust infringement.
The holding of lotteries is basically reserved in Germany the Lottogesell-unions of the states, which the German Lotto- and Toto Block (DLTB) have joined. Ab April 2005 tried the applicant with various partners, establish a mediation for stakes in state lotteries. These outlets should be constructed in retail stores such as supermarkets or gas stations (“terrestrial distribution”). Revenue was achieved by the applicant from fees, the game player and commission payments of lottery companies. The Legal Committee of DLTB called the lottery companies on, reject sales from the terrestrial distribution of commercial gaming agents. The Federal Cartel Office prohibited the then DLTB and the lottery companies of countries, such a request and the implementation of the decision of the Legal Committee; this was available from by decision of the Bundesgerichtshof 14. August 2008 legally confirmed (CAR 54/07, WuW / E DE-R 2408 – Lottoblock I; s. Press release of the Federal Court No.. 155/2008 from 14. August 2008).
The applicant seeks compensation for loss of profit for the year 2006 to 2008. It argues, because of antitrust infringement of lottery companies they have not been able to build as planned the placement work and develop.
The Court of Appeal, the defendant about to pay damages in the amount of 11,5 My. convicted € plus interest. On appeal by the defendant the cartel division of the Federal Court annulled that decision and remanded the case to the Court of Appeal. Continue reading “Kartell retardant behavior triggers an antitrust damages from, however must be filled kausaliter the reason and the amount”