Bündelung von Kartellschadensersatzansprüchen im Lichte des Rechtsdienstleistungsgesetzes

The individual prosecution of antitrust damage claims is often impossible due to high costs, lack of data, and rational disinterest. A solution is provided by the “assignment model” (“Abtretungsmodell”), in which damaged companies assign their claims to a debt collection service provider acting as a special purpose vehicle (SPV) for bundled enforcement which, in turn, may be financed by third-party litigation funders. Whether such an “assignment model” is compatible with the German Legal Services Act (“RDG”) is a controversial topic amongst academics and practitioners. However, upon closer analysis, the objections raised against the “assignment model” are not convincing. In particular, the assignments are legally valid, both under German law (“abstraction principle” – “Abstraktionsprinzip”) and especially under EU law (principle of effectiveness – “any individual”).