Commentary by Prof. Dr Ulrich Schnelle on the Stuttgart Higher Regional Court’s ruling regarding the bathroom cartel

In the latest issue of GRUR-Prax (Issue 3/2026), lawyer Prof. Dr Ulrich Schnelle comments on a landmark ruling by the Higher Regional Court of Stuttgart regarding the bathroom fittings cartel, addressing three practical issues:

• Estimation range for price mark-ups: How can a cartel-induced price mark-up be estimated in civil proceedings without resorting to regression analyses, and why does the range lie between 5 and 25% of the purchase price?
  
  
• Multi-stage assessment procedure: What are the five steps involved in the Higher Regional Court’s new estimation model, and what role do collusion, organisation, market conditions and demand response play?
  
  
• Pass-through of damages: How is the pass-through of cartel-induced price mark-ups to downstream customers calculated according to the Cournot model?
  
  This commentary provides valuable guidance for the practice of antitrust damages, particularly in view of the appeal admitted by the Federal Court of Justice (BGH), which could significantly shape future damage assessment in Germany.