Die Darlegung der kartellbezogenen Einzeltransaktionen im Kartellschadensersatzprozess

Antitrust damages claimants frequently face the problem of being unable to fully demonstrate their purchase of cartel-affected goods after the loss or disposal of their transaction records (purchase agreements, invoices, etc.). Can such claims still succeed? To answer this question, the author examines what requirements German civil procedural law imposes on the claimant´s presentation of facts, whether civil disclosure instruments are available to the cartel victim, and whether the German legal framework is compatible with the EU principle of effectiveness. The work provides a practical contribution to the enforcement of antitrust damages claims where documentary evidence is incomplete.