Vers une action en responsabilité civile en droit de la concurrence ?. À propos de l'affaire du Cartel du ciment allemand

Civil liability is becoming an important instrument in the field of competition policy to guarantee compensation of victims of anticompetitive behaviors and to increase the effectivity of punishment (i.e. deterrence). In 2008 the White Paper on Antitrust Damages Actions, new possibilities for victims to go to court against cartels are considered. However, in the absence of collective actions such as in the United States, it is not sure that such possibilities are really effective. The paper proposes to analyze another solution which consists for victims to sell their right to engage a civil action. In practice, a third party buys the right and supports all the costs of the legal process. A first important decision in this way has been taken by a German Court, the Appeal Court o f Düsseldorf, to recognize such a solution. We present the case and discuss the advantages and potential failures of the decision.