Kartellschadensersatz und die Spiegelung des weiten Unternehmensbegriffs in der normativen Grundlage

In view of the negative effects of cartels, which can hardly be quantified for those who were harmed by it and the economy, the question of who is liable for the damages incurred is of great importance. Based on the basis for claims for cartel damages under German law (Sec. 33a ARC), which indirectly refers to the undertaking within the meaning of Art. 101 TFEU, the question how the undertaking can also be held liable for the antitrust infringement will be answered. This thesis argues for all legal entities of the undertaking to be held liable by allocating conduct and liability and attempts to resolve the discrepancy between German and European legal understanding.