VBK v. Schreck-Mieves


Norton Rose Fulbright successfully represented Schreck-Mieves on the case

Schreck-Mieves has secured a landmark judgment in relation to an antitrust damages claim before the German Federal Supreme Court. Public transport company VBK had brought a claim against the firm’s client, German rail construction company Schreck-Mieves, in respect of damages allegedly suffered from Schreck-Mieves’ participation in the rail infrastructure cartel.

In German cartel damage claims, courts have developed a practice to allow claimants to rely on prima facie evidence with the defendants required to disprove that specific transactions were affected by the cartel and that damages occurred.

This marks the first time that the German Federal Supreme Court examined the issue of prima facie evidence in a cartel damage claim. The judgment will have significant implications for pending multibillion-euro German cartel damage claims in other sectors.

The Norton Rose Fulbright team was led by competition partner Dr. Maxim Kleine (Picture) and included dispute resolution and litigation partner Dr. Christian Wolf and completed by antitrust and competition associates Katja Weiss and Dr. Tobias Teichner.

Involved fees earner: Maxim Kleine – Norton Rose Fulbright; Tobias Teichner – Norton Rose Fulbright; Katja Weiss – Norton Rose Fulbright; Christian Wolf – Norton Rose Fulbright;

Law Firms: Norton Rose Fulbright;

Clients: Schreck-Mieves GmbH;