A new publication by Gerhard Klumpe (judge Landgericht Dortmund, honorary professor Heinrich-Heine-Universität Düsseldorf) and Johannes Paha (professor at Bremen University), which was published recently by Concurrences, addresses the question: How can cartel damages cases be handled more efficiently?

Considering the criticism expressed by courts regarding econometric expert reports in cartel damages cases, some courts now refer to the proverbial broad axe, while economists emphasise the necessity of rigorous expert reports. Our article examines the evidentiary value of regression analyses. On the legal side, it outlines the requirements for presentation and proof. On the economic side, the article discusses challenges in econometrically determining the overcharge, which often result in divergent conclusions between claimant and defendant reports. These aspects must be considered even if courts engage in their own damage estimations. We propose ways for courts to assess and, if necessary, enhance the quality of econometric expert reports, such as appointing an economic expert for a peer review of the parties’ reports instead of writing a separate report. Ideally, this contributes to aligning the results of claimants’ and defendants’ reports, thereby clarifying the reference points for judicial estimations.

The full article can be accessed here:
https://www.concurrences.com/en/review/issues/no-1-2025/law-economics/cartel-damage-assessment-and-econometric-reports-both-sides-of-the-story

A German-language version, which was published by WIRTSCHAFT und WETTBEWERB, is provided here:

Part 1
https://research.owlit.de/document/a65eb664-0094-3a38-ac2c-217bf3d45cb9

Part 2
https://research.owlit.de/document/1664cf72-41c2-3420-a3ee-cb29e848659a