“Truck Cartel III [LKW-Kartell III]”
摘要
It follows from the rule of general experience, which argues in favour of the customers of a business which participates in a cartel agreement, that the prices reached within the context of the cartel are on average higher than those that would have been realised in the absence of an anticompetitive agreement, and that the charges to be paid by a lessee or hire-purchaser to a financing company for products impacted by the cartel are also excessive as a result of the cartel if the leasing or hire-purchase agreements are aimed at fully covering the respective purchase price. Regression analyses, which follow a comparative market approach over time, can at best represent an approximation of reality in the sense of an estimate; they do not in themselves prevent the trial judge, on the basis of an overall assessment, from being sufficiently convinced for a judgment on the merits of the claim that in any case harm of some amount has occurred.