The Düsseldorf Higher Regional Court (judgement of 27 July 2023 – VI-6 U 1/22) has recently ruled on the long-disputed issue that cartel fines imposed on a company do not justify personal liability of the managing director or board member acting in breach of antitrust law pursuant to § 43 (2) GmbHG and § 93 (2) AktG.
The same applies to investigation and defence costs incurred by the company in conjunction with the summary proceedings. Claims for damages under civil law by third parties against the company due to its behaviour in breach of antitrust law remain eligible for internal recourse.
My colleague Dr. Philipp Engelhoven (Esche Schümann Commichau) and I have commented on the decision in the latest edition of “Entscheidungen zum Wirtschaftsrecht” (EWiR):
https://lnkd.in/eDYjfXsQ
