Trucks Cartel: German Supreme Court confirms the binding effect of settlement decisions and the presumption of damages

By judgment of 23 September 2020 (KZR 35/19, translation into English) the German Federal Court of Justice (‘Bundesgerichtshof’, ‘BGH’) provides detailed guidance on legal principles and standards of proof regarding several key aspects of actions for damages resulting from the European trucks cartel. The Bundesgerichtshof confirms that the scope of the infringement established in the […]

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Spanish Trucks Cartel Litigation: Temporal application of EU Damages Directive provisions on limitation and quantification of harm

In the aftermath of Directive 2014/104/EU (Directive), Spain appears to be one of the most active jurisdictions dealing with antitrust damages cases. In particular, a multitude of Spanish courts have been seized with actions for compensation in relation to the European Trucks Cartel (Case AT.39824-Trucks). In that context, preliminary ruling requests were addressed by Spanish […]

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Towards civil liability of subsidiaries non-addressees of cartel decisions (C-882/19, Sumal)

In a request for a preliminary ruling, the Barcelona Provincial Court asks the EU Court of Justice which legal entities within the undertaking are liable for the damages caused by an infringement of Art. 101 TFEU. Is this liability limited to the addressees of the fining decision or could in principle every legal entity that […]

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Choice of forum delicti in EU-wide cartel damages cases (C-30/20, RH vs Volvo)

Does Art. 7(2) Brussels I bis determine territorial jurisdiction within the EU Member States, Madrid Commercial Court asks EU Court of Justice. The request for a preliminary ruling from the Madrid Commercial Court might seem trivial or easy to answer given the recent case law by the Court of Justice of the European Union (‘CJEU’). […]

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Landmark judgment by the EU Court of Justice on the interpretation of the place of harmful event under Regulation Brussels I bis for the determination of alternative grounds of jurisdiction in pan-European cartel damages cases

With its judgment of 29 July 2019 in Case C-451/18, Tibor-Trans (‘Judgment’), the EU Court of Justice (‘CJEU’) clarified the competence of national courts to hear damage actions relating to pan-European infringements of Art. 101 TFEU under Regulation 1215/2012 Brussels I bis (in short ‘Brussels I bis’). The CJEU specified that victims of illegal cartels can lodge an action for […]

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Factors to consider when taking a cartel damages action

As private enforcement of competition law continues its upward trend potential claimants must consider many factors before deciding to pursue a claim for compensation against their suppliers. EU Directive 2014/104 has contributed to the increased awareness of the right to compensation across Europe and there has been a sharp surge in the number of actions being brought […]

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First Spanish Judgments in trucks cartel follow-on actions

The trucks cartel sanctioned by the European Commission in July 2016 has provoked a flood of individual claims all over Spain. They were filed by all types of transport and logistics companies against the six sanctioned manufacturers, their Spanish subsidiaries and even their financial services providers. Apart from several decisions on jurisdiction and access to […]

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