April 2019: Recent Trends and Developments in German Litigation -
Introduction / overview -
Germany has long been known as a premier venue— one of the most important in the world—for patent and other intellectual property litigation. With four offices in Germany, Quinn Emanuel has been a major presence there, assisting U.S. and international clients in a variety of German litigation matters, including, in particular, IP cases in which the firm has a leading practice. With its efficient court system, and comparatively low overall litigation costs, Germany has now emerged as an ideal venue for non-IP matters including private antitrust actions, capital markets, arbitration, and even class actions. Germany is the European Union’s largest economy. Cartels targeted by the Commission of the European Union typically have a German presence and such investigations present a wide range of issues spanning from white collar to mass torts. When German companies engage in corporate misconduct, the size and liquidity of Germany’s capital markets can amplify the consequences of that misconduct. This article provides an overview of recent developments that impact Germany as a venue for litigation, arbitration, and regulatory disputes.
Private Antitrust Litigation -
The European Court of Justice’s holding that anyone who sustains losses from a violation of European Union and member state-level cartel laws has a right to full compensation, and that national procedures must ensure the practical effectiveness (“effet utile”) of this right has led to an avalanche of private antitrust enforcement actions for damages in Europe. “Anyone” in this context includes direct/indirect purchasers and suppliers, umbrella customers, end consumers, and others. The European Union legislature encouraged this development by issuing a directive on antitrust damages actions (“Directive”), which codifies the case law and removes further obstacles to compensation.
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