Beweislast im Kartellzivilprozess

Although private antitrust enforcement has gained considerable importance in the last two decades, legal protection in Germany is still far from being – similar to US antitrust law – one of the surest weapons for effective enforcement of the ban on cartels. Despite legislative activities, private enforcement still lacks the desired clout. Against this background, the thesis deals with the burden of proof in civil antitrust proceedings. On the basis of the individual prerequisites for a claim for cartel damages, it is examined whether there are evidentiary hurdles for the directly injured party and, if so, how these can be overcome.