Success needs a process.
CDC’s careful case selection includes monitoring antitrust decisions and analysing the affected markets. Facts of each case are analysed thoroughly including the type and scope of the infringement, the cartel participants and the administrative proceedings leading to the cartel decision. Case selection analysis includes a preliminary legal and economic assessment. From an economic perspective, the volume of the affected markets, both in quantity and monetary terms, is identified. Relevant parameters such as demand, supply and capacity are carefully assessed together with price developments and preliminary indications of damaging cartel effects. The preliminary case selection assessment enables CDC to form well-founded conclusions regarding the risks and potential value of claims, as well as the most efficient enforcement strategy.
European and national competition authorities regularly impose fines on cartel members for their participation in illegal activities. There is a high number of potential cases for claims enforcement, and identifying the cases with favourable outcomes is the first important challenge to overcome. CDC identifies these cases through extensive legal and economic assessment that delivers well-founded conclusions on the risks and potential value of the claims.
The analysis of antitrust damages is only as strong as the explanatory power of the underlying data. Meaningful data is required to demonstrate and corroborate damages as well as prove the causality of a cartel for price effects. CDC has developed optimal solutions to deliver court-proof evidence through specifically designed databases and IT tools.
With a comprehensive database and vast market data, CDC is in an advantageous position to conduct a thorough economic analysis of cartel damages and provide well-founded conclusions of market-wide effects from cartel impact as well as the amount of damage suffered by individual companies. When cooperating with CDC, damaged companies profit from this fully integrated economic analysis with a company-specific estimate of damages.
Enforcement in Court
Although CDC tries to find amicable solutions at any point in time, the filing of a legal action and court enforcement is often necessary. We have an experienced and skilled team of in-house legal counsels specialising in competition law and procedural law to effectively manage and coordinate complex litigation procedures Europe-wide. In court proceedings CDC is always represented by first class lawyers specialised in litigation and dispute resolution.
Our reputation is also based on our success in reaching amicable solutions in complex cases. As evident from press articles, press releases, annual reports and public statements by defendants, CDC has achieved multiple out-of-court settlements with several cartel members in the Hydrogen Peroxide, Paraffin Wax, Sodium Chlorate, and Cement cases. This resulted in significant compensation payments to the companies which had assigned their claims to CDC.