BUNDLED ACTION AGAINST THE PLANT PROTECTION PRODUCTS CARTEL
ALREADY MORE THAN
2.000
REGISTERED CLIENTS
WITH OVER
1,5 BILLION €
OF ESTIMATED VALUE OF PURCHASED PRODUCTS
Rechtsanwalt
Eckart Wagner, LL.M.
Kathrin Asschenfeldt, Maîtrise en Droit (Paris Nanterre)
- Legal Option
- Economic Opinion
- Q&A
- Next Steps
Rechtsanwalt
Eckart Wagner, LL.M.
Kathrin Asschenfeldt, Maîtrise en Droit (Paris Nanterre)
- Legal Option
- Economic Opinion
- Q&A
- Next Steps
No risk
Our bundled action lawsuit is 100% funded. Commission is paid to the litigation financier LitFin only in the event of success.
Your compensation
If successful, compensation for the likely significant increases in prices for purchases of plant protection products made from 1998 to 2016, plus interest, is possible.
No effort
LitFin will accompany you through the entire process, effortless for you.
About the case
German wholesalers of plant protection products systematically engaged in illegal price fixing for 17 years. As a result, buyers of PPPs were harmed and are now entitled to compensation.
In several decisions from the beginning of 2020 (B10-22/15), the Bundeskartellamt imposed fines totalling 157 million euros on eight of the largest plant protection product wholesalers in Germany. It found that, at least between 1998 and March 2015, the wholesalers had concluded agreements on uniform price lists, discounts and sales prices vis-à-vis retailers and end customers in violation of cartel law. The plant protection product wholesalers concerned admitted their violations of competition law.
Civil courts are bound by these findings of the Federal Cartel Office in actions for damages. Under German law, there is also a presumption that direct and indirect buyers of plant protection products have been harmed as a result, since these so-called hard-core cartels almost always lead to higher prices. The damage to the customers is then the difference between the cartel price paid and the lower price that would have been paid in a cartel-free healthy market. Therefore, every farmer who bought plant protection products (herbicides, fungicides, insecticides, etc.) directly or indirectly via intermediaries from one of the wholesalers participating in the cartel between 1 July 1998 and 30 June 2016 (i.e. until the end of the after-effect period) is entitled to damages.
Our offer
The assertion of antitrust claims requires a high level of economic and a high level of legal expertise in competition law and financial power. This is what we provide.
For affected buyers, LitFin offers fully financed and risk-free participation in the bundled action lawsuit. LitFin covers all costs both in the case of losing and in the case of winning and takes over the entire process management. A damaged farmer who participates in the collective action does not have to pay any costs in any case. LitFin only receives a commission in case of success.
In the successful case, LitFin does not deduct all costs from the successfully enforced gross proceeds before paying the percentage profit-sharing to the damaged farmer, as is usually the case on the market, but only a capped amount. This deduction of costs is transparent in advance and capped at a maximum of the amount resulting from the statutory fee rates for the respective individual claim value. A deduction of costs does not take place if these costs are to be borne by the other side in case of success. Cost traps do not exist in any case.
For the damaged parties this means:
No cost risks
No procedural effort
Cooperation with the best specialists
An economically very attractive offer: Profit sharing of up to 82% from the net proceeds of successfully claimed damages plus interest with capped and pre-transparent deduction of costs from the gross proceeds up to a maximum of the amount of the statutory fees per individual amount in controversy
Compensation of expected significant cartel damage of purchases of plant protection products made between 1 July 1998 and 30 June 2016, plus interests, is possible
*Applies only to members of a cooperating association.
Special conditions for members/customers of cooperating associations
In addition, the percentage of profit sharing increases if the farmer is a member of an association that cooperates with LitFin in the assertion of claims. In such a case, the commission to be paid to LitFin in the event of success is 2 percentage points lower for each farmer. Accordingly, even farmers with a claim value of less than € 15 thousand can receive a financing offer.
Furthermore, the following is also significant: The more members of the respective cooperating association join the bundled action, the higher the percentage of profit-sharing of each farmer who is a member of that association.
Referral program
You can increase your benefits even further by recommending us to other farmers. In doing so, you and the farmer you refer will benefit from a direct payment of EUR 500 each in cash after signing the contract. The new customer simply has to give your name when registering. As soon as we have checked his documents and concluded the contract, you will receive the money in your account. For further details, please contact us.
With all programs combined, farmers and agricultural companies can reach a success participation of up to 82%.
Buy-out
As an alternative to our classic financing model, we offer to buy-out your claim from you. Benefit of the buy-out model is that you will receive your money sooner – We will make you an offer after our inspection of your invoices. On the other hand, the amount you will receive will be considerably lower than with the standard financing model.
We will buy-out your claim for up to 15% of its value.
