“Sales Cooperation in Local Rail Passenger Transport [Vertreibskooperation im SPNV]”
摘要
The criterion of credible demonstration in Sec. 33g Competition Act must be interpreted autonomously. It is sufficient if, based on concrete evidence, there is a certain probability that the plaintiff is the holder of a claim for damages under antitrust law; an overwhelming probability is not required. A commitment pursuant to Sec. 32b Competition Act and the statements of the Federal Cartel Office in the Commitment Decision can, depending on the circumstances of the individual case, be used as an indication of the credible demonstration of behaviour in breach of antitrust law required under Sec. 33g Competition Act.