Out-of-Court Settlements
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.
Understanding the process of achieving settlements
We have first-hand experience and broad knowledge in achieving successful resolutions in competition law damage actions. Through successful settlements in several EU jurisdictions, we have established a deep understanding of both the legal and strategic aspects involved in complex settlement processes resulting in multi-million euro compensation for cartel victims.
CDC has developed innovative settlement structures that take account of the justified interest of the settling cartel member to end the litigation and be protected from successful contribution proceedings by the remaining defendants, as well as the potential contribution claims between cartel members.
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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.