Die Leistungskondiktion als Alternative zum Kartellschadensersatzanspruch

A major challenge for the private enforcement of cartel damages claims is the burden of proof regarding the price overcharge which lies on the claimant. Cartel victims may circumvent this problem by rescinding their contracts with the cartel members and claim back their purchase price instead of claiming damages.

The author examines possible grounds for rescinding a contract with a cartel member as well as the legal consequences of such a rescission. He elaborates in particular on the obligation to disclose the cartel. As a conclusion, the rescission is a promising alternative to conventional damages claims especially in cases where the cartel members discussed the allocation of individual customer contracts.