Mass claims in Germany: BGH sets new boundaries for bundled antitrust claims

Dr Anja Schelling and Dr Julia Molestina of A&O Shearman explain that Germany’s Federal Court of Justice has confirmed in principle the viability of funded assignment-based mass antitrust claims, while giving defendants new tools to challenge over-aggregated claims, seek separation orders and obtain disclosure of funding arrangements where funder rights may create conflicts affecting the claims vehicle’s standing.

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