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Publication by Dr. Harro Wilde and Dr. Sönke Anders

News from 17.02.15

An article on antitrust law by Dr. Harro Wilde and Dr. Sönke Anders appeared in the March edition of the journal Wirtschaft und Wettbewerb (Economics and Competition). In the article, both antitrust experts address the judgment (docket no. 2 O 29/14) dated 22 October 2014, handed down by the Higher Regional Court of Potsdam. At trial, Thümmel Schütze & Partner represented the defendant, a manufacturer of firefighting equipment.
At issue in the legal dispute was the effectiveness of a clause contained in a municipality’s general terms and conditions of contract awarding. According to this clause, the contractor was to render the awarding party a lump-sum payment amounting to 15% of the order value in the event that the contractor was party to collusions restrictive of competition, unless there was proof of injury in a greater or lesser amount.
Harro Wilde/Sönke Anders: “Pauschalisierter Schadensersatz im Kartellrecht?” (“Lump-sum compensatory damages in antitrust law?”), in: Wirtschaft und Wettbewerb, WuW 3-2015, 246-251