With the decision of the 1st Cartel Senate of the Higher Regional Court of Frankfurt, 5 August 2021 *, another Higher Regional Court has now joined the plaintiff-friendly judicature in the Truck Cartel case.
The decision deals with the subject matter of the dispute in great detail in 388 paragraphs and closely follows the decision of the Cartel Senate at the Federal Supreme Court **.
Furthermore, the Senate relies on other recent cartel judicature, in particular the decisions of the Supreme Court, Cement Cartel and Rail Cartel ***.
The Frankfurt Higher Regional Court also agrees with these rulings without opposition.
For this reason – and this is extremely noteworthy and helpful – the OLG Frankfurt also does not allow an appeal to the Federal Supreme Court.
Therefore, the only option left for the defendant Daimler AG is to file an application against the non-admission with the Federal Supreme Court. The chances of success of such an application are already generally low (approx. 5%) and are likely to be hopeless in view of the three decisions already delivered by the Supreme Court on the Truck Cartel.
* OLG Frankfurt, U. v. 5. August 2021, 11 U 67/18
** LKW-Kartell I, KZR 35/19
*** Grey Cement Cartel II and Rail Cartel I to V