German antitrust community debates how to most effectively consider economic expert reports in follow-on cartel damage proceedings
American Bar Association Antitrust Law Section, 2023
Compared to other jurisdictions, such as the US, economic expert reports have only relatively recently become commonplace in determining follow-on damages in German cartel proceedings. In his article in the Global Private Litigation Committee’s December 2023 newsletter, published by the American Bar Association Antitrust Law Section, Analysis Group Vice President Philipp Tillmann summarizes changes being debated in the German antitrust community over how German courts could make more effective use of such expert reports.
Dr. Tillmann discusses concerns related to the cost and organization of proceedings, objective standards for expert reports, and how to manage experts’ divergent conclusions. He also outlines several proposed solutions, including relying on court-appointed economists, adopting common standards for experts and their reports, bundling small claims to allow for true class actions, and utilizing specialized courts to handle antitrust matters.