Claims for Compensation following a decision by a competition authority

Nowadays many companies are faced with damage claims for compensation based on a violation of competition laws, be it as a damaged party, be it as a participant in a cartel sanctioned by a competition authority. In these claims I have represented both claimants and defendants.

  • If your company has been the victim of a cartel, WeitbrechtLaw will represent you in bringing forward the resulting claims in the best possible way. Where a favorable settlement is not possible I prepare the case for litigation.
  • In case your company has been a participant in a cartel, WeitbrechtLaw likewise can represent the company in defending against and extinguishing/minimizing these claims.

In Europe, these claims represent relatively a new area in which many legal issues of first impression arise that have not yet been settled by the courts and are unlikely to be definitively decided any time soon as the EU Directive on Private Damages, which is due to be implemented by Member States by the end of 2016, adds a new layer of complexity.

In my view in this situation neither claimants nor defendants are best advised to litigate the many open issues for years. The costs for the companies in terms of fees for lawyers and courts as well as in the expenditure of management time are enormous and increase with time. Moreover, the results of litigation are not easy to predict and the principal issue, the amount of damages, is not even a legal issue.

Rather than spending money and management time on endless litigation whose ultimate outcome is uncertain and which is most likely to end in a settlement in any event, it is a much more rational choice for both claimants and defendants is to seek a settlement from the outset. This strategy brings the added benefit of fostering continuous and amicable commercial dealings between the parties.

  • I have extensive experience in assisting the parties in negotiating and concluding such settlements.
  • In addition, I act as a mediator in this area. Mediation is fast. Your costs are a known quantity from the outset. You control the process and the outcome. And mediation is successful in approx. 80% of all cases. See