Courts throughout Europe increasingly adopt a minimum damages approach in antitrust cases, unanimously presuming at least a 5% overcharge, driven by grounds of compensation, effectiveness and deterrence. Recent judgments – from the CAT (UK) to the Spanish Supreme Court, Norway’s courts, the Court of Appeal in Stuttgart, the Dieselgate rulings of the German and Austrian Supreme Courts, and finally the European Court of Justice – point to a converging practice and a structured approach to quantifying damages across the EU.
Spanish Supreme Court confirms judgment awarding overcharge in excess of 10% in the trucks cartel: key takeaways from judgment STS 5861/2025
The Supreme Court Judgment STS 5861/2025 of 18 December 2025 represents a significant development in damages litigation arising from the trucks cartel in Spain as it confirms for the first time the judicial estimation of a second instance court awarding an overcharge of more than 10%. The Supreme Court has fully dismissed the appeals brought […]
The CJEU strengthens cartel victims’ rights: a landmark ruling on limitation periods
The Court of Justice of the European Union (CJEU) on 4 September 2025 has issued a landmark ruling in Case C-21/24, CP v. Nissan Iberia, which strengthens the position of cartel victims, not only in Spain but across the European Union. This preliminary ruling decision, following a referral by the Commercial Court No. 1 of […]
Advocate General Medina’s opinion on when the limitation clock starts ticking
Can a damages claim for cartel conduct be time-barred if it was filed before the conclusion of the national infringement decision’s judicial review? Advocate General Medina’s Opinion in C 21/24 CP v Nissan Iberia offers a clear answer: limitation periods cannot begin until the existence of the infringement can be relied upon in court. A position that could reshape the landscape of follow-on litigation across the EU.
CJEU confirms the assignment model as an effective means to enforce claims for antitrust damages (ASG 2)
In its much anticipated ruling of 28 January 2025 the Grand Chamber of the European Court of Justice confirmed that it is generally possible for victims of competition law infringements to assign their claims for damages to a commercial plaintiff for the purpose of their joint enforcement.
EUROPEAN SUPERLEAGUE: ANALYSIS OF THE JUDGEMENT
1. Introduction At the beginning of 2021, the sports leaders of some of the most influential clubs in Europe, led by the presidents of Real Madrid and FC Barcelona, Florentino Pérez and Joan Laporta, announced the European Super League project. This international competition threatened to rival the well-known UEFA Champions League and disrupt the rigid […]
Minimum Damages under EU Law in Antitrust Damages Actions? Conclusions from the Recent Case Law of the German Supreme Court
The estimated damage cannot be less than 5% of the purchase price paid for reasons of effectiveness under EU law.” This was recently stated by the German Federal Court of Justice about claims for damages due to the Dieselgate scandal. However, the Court’s reasoning in favour of this legal lower limit for damages might equally, if not even more so, be applied to cartel damages claims – an analysis.
Effective enforcement of cartel damage claims through the assignment model: The preliminary ruling procedure before the CJEU in Case C-253/23 (ASG) – A Comment
Following a request for a preliminary ruling from Germany, the CJEU has to assess the availability of the ‘assignment model’ to cartel victims. Private enforcement of competition law in the EU is essentially driven by actions bundling claims for damages assigned by a multitude of victims to a specialised company for joint assessment and enforcement. The question is whether limitations to the assignment model under national law can survive an assessment under EU law.
Private Enforcement of the EU Digital Markets Act: The way ahead after going live
As of 2 May 2023, the DMA provisions started to be applied as an innovative ex-ante regulation targeting ‘gatekeepers’ in the digital market. Provided that private enforcement plays a central role in the effective application of the DMA, this article provides significant insights in this regard. In the absence of a harmonization act like the EU Antitrust Damages Directive, key principles rooted in EU law and CJEU case law, together with rules progressively proposed under national law for the protection of individual rights of platform users, represent the current state of DMA private enforcement, paving the way for the future.
Challenges in Quantifying Private Antitrust Damages: Addressing Data Availability and Reliability
This article explores the complexities surrounding the quantification of damages and the issue of data asymmetry in private antitrust damage actions in Europe. It delves into the challenges claimants face in quantifying the actual harm caused by anticompetitive behaviour. The article also discusses the role of disclosure rules in promoting fair access to evidence and proposes potential solutions to mitigate the information disparity between claimants and defendants.