In Wenzel Logistics v Mercedes-Benz, the European Court of Justice (CJEU) confirmed that Austrian civil-law rules which postpone the accrual of interest until the debtor has been put on notice cannot be applied where they prevent full compensation for harm caused by an infringement of EU competition law. Interest must accrue from the time the […]
Trucks Cartels: Amsterdam District Court finds 7% overcharge and run-off period of over two years
On 15 April 2026, the Amsterdam District Court has ruled that the European Trucks cartel caused a price overcharge of 7%. In an interim judgment handed down in proceedings brought by Retail Cartel Damage Claims (CDC) and concerning roughly 60,000 trucks, the Court endorsed the methodology and econometric analysis of CDC’s experts, Maarten Pieter Schinkel […]
Accounting evidence as proof of purchase in cartel litigation: The Spanish Supreme Court clarifies the standard (STS 71/2026)
In the Truck Cartel case, the Spanish Supreme Court has refined the evidentiary framework governing antitrust damages actions. According to its judgment of 27 January 2026 (STS 71/2026), accounting documentation may constitute sufficient evidence to prove the purchase price and, consequently, the existence and quantification of harm, even in the absence of original invoices. This […]
Trucks cartel: first Milan judgment on antitrust damage claims
Introduction On 11 January 2026, the Court of Milan, Business Section A (the ‘Court’), delivered a significant ruling[1] in follow-on antitrust damages litigation brought by 18 transport companies against Iveco and the other major truck manufacturers MAN, DAF, Scania, Mercedes-Benz (Daimler), and Volvo/Renault. The case stems from the European Commission’s (‘Commission’) landmark decision (the ‘EC […]
From price-fixing to wage-fixing: are labour markets the next frontier of public and private competition law enforcement?
The recent investigation launched by the Italian Competition Authority (AGCM) into an alleged cartel among producers of automated packaging machines is a timely illustration of an emerging trend in competition law enforcement. By placing labour market restrictions at the centre of its analysis, the AGCM joins a broader movement – both at EU and national level, but also beyond – that focuses on collusion among employers as a direct infringement of competition rules. Beyond public enforcement, such practices also foster closer attention to the potential use of private remedies as a means for affected workers to obtain compensation for the harm caused by collusion at the employer level.
A 5% Overcharge as Minimum Damages for Antitrust Violations?! Recent Developments in Europe
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 […]
Dairy Cartel – the next level of private antitrust enforcement: Commercial Court No. 14 of Madrid finds a 9.4% undercharge
On 16 October 2025, Commercial Court No. 14 of Madrid delivered a judgment[1] of notable relevance in the well-known Spanish Dairy Cartel case. The decision, issued by Judge Ms Carmen González Suárez in Ordinary Proceedings No. 588/2022, partially upheld a private damage claim brought against Grupo Lactalis Iberia, S.A. (Lactalis) and Industrias Lácteas de Granada, […]
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 […]
Fear of talking? The risks of breaching competition law with public announcements
For those sceptical about the potential of big data-based market screening in cartel detection, the recent judgment of the General Court may offer some encouragement