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Victory for ROSSMANN before Federal Court of Justice with aid of CMS


Stuttgart – At the beginning of 2018, Dirk Rossmann GmbH lodged an appeal at the Federal Court of Justice (BGH) against the ruling handed down by Düsseldorf Higher Regional Court (OLG) (Case Ref. V-4 Kart 3/17 OWi), in which a cartel fine of EUR 30 million had been imposed on Rossmann. The BGH has now completely overturned the Düsseldorf OLG’s judgment and referred the case back to another Competition Senate of Düsseldorf OLG for a new hearing.

The background to this case is the long-running antitrust proceedings against retailers and manufacturers concerning allegations of vertical price fixing in the distribution of roasted coffee. Düsseldorf OLG had increased the fine imposed on Rossmann by the Federal Cartel Office to EUR 30 million, almost six times the original amount.

CMS Germany has advised and represented Rossmann in all aspects of the proceedings since 2010, through a team headed by lead partner Dr Harald Kahlenberg.

CMS Germany

Dr Harald Kahlenberg, Lead Partner
Dr Rolf Hempel, Partner
Angelika Wieczorkowski, Senior Associate, all Competition & EU
Dr Daniel Kaiser, Counsel, Commercial Criminal Law

Kempf Schilling

Dr Hellen Schilling, Partner
Dr Johannes Corsten, Partner, both Criminal Law

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