Exchange of information in violation of antitrust law forms a rule of experience

If competitors talk to each other about their pricing policy towards a common customer, this helps the customer to claim damages

(German Federal Supreme Court, 29. Nov. 2022 – KZR 42/20)

This is what the judges say: Schlecker's insolvency administrator sues Schlecker suppliers for damages due to the exchange of information in violation of antitrust law. The German Federal Supreme Court now gives him a "rule of experience": an exchange between competitors about their price negotiations vis-à-vis a common customer in violation of antitrust law justifies the rule of experience in favor of this customer that the prices subsequently achieved are on average higher than those that would have been formed without this exchange of information. Schlecker's insolvency administrator can therefore hope for high compensation payments. If only the employees of the branded companies had kept quiet.