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.
Trucks cartel: Portuguese competition court grants a 15.4% compensation and applies its national law in line with recent EU case law
On 6 November 2022, the Portuguese Competition, Regulation and Supervision Court of Santarém rendered a key judgment in relation to damages proceedings against participants in the European Trucks Cartel. The Court addressed key points, such as the standard of proof, limitation periods, and net price effects in a comprehensive EU case law state of play-based interpretation of national law. Granting the 15.4% overcharge identified in the claimant’s expert report and rejecting the defendant’s “no damage” argumentation, this judgment will have a positive impact beyond the Trucks Cartel case.
Trucks cartel: New CJEU landmark judgement empowers victims of antitrust infringements with the right to request ex novo documents, created by the defendants (C-163/21, PACCAR e.a.)
On 10 November 2022, the EU Court of Justice rendered another key judgment in relation to the series of damages proceedings brought in Spain against participants in the European Trucks Cartel. This judgment on the interpretation of Art. 5(1) of the Damages Directive clarifies the wide scope of evidence to which claimants can request access to substantiate potential damages claims. The judgment further strengthens the effectiveness of private enforcement of EU competition rules and should have a positive impact on the whole wave of compensation claims against truck manufacturers in Europe.
Trucks cartel: District Court of Amsterdam confirms the possibility for entities to bundle multiple damage claims in one action and applies uniformly Dutch law to those claims
On 27 July 2022, the District Court of Amsterdam delivered an important judgment in which it confirmed previous case law of Dutch courts on the validity of the ‘assignment model’, by which entities, such as CDC, effectively bundle multiple damage claims in one single action. The judgment is in line with EU law, in particular the principle of effectiveness. By choosing Dutch law as the law applicable to all damage claims, the Court has provided an effective solution for victims of competition law infringements.