Umsetzung der Kartellschadensersatzrichtlinie (2014/104/EU)

The European Commission has for some time aimed at making the enforcement of private actions for damages for infringements of competition law more effective. The Directive on Actions for Cartel Damages, which is to be implemented into national law by December 27, 2016, also serves this purpose. This book presents a draft legislative act for the directive’s implementation into German law. The draft aims at fully implementing the directive into German law, preserving the principles of German tort, company and procedural law as far as possible and fitting necessary adjustments into the existing legislative framework. As far as the directive leaves discretion to the national legislator the proposed draft favours an implementation that strengthens Germany’s position in the competition of legal systems and makes Germany a more attractive forum for cartel damage claims. The authors teach inter alia competition and civil procedural law at the Heinrich Heine University Düsseldorf.