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.
Trucks Cartel: the Supreme Court of Norway confirms jurisdiction of the Norwegian courts for follow-on damage action based on the principles of joint and several liability and the civil liability of the ‘undertaking’
In an interesting decision the Supreme Court of Norway confirms jurisdiction of the Norwegian courts for a follow-on damage action based on the principles of joint and several liability and the civil liability of the ‘undertaking’.
Trucks cartel: AG Szpunar clarifies the application of Article 5 of the EU Damages Directive to documents to be created ex novo
On April 7, 2022, AG Szpunar delivered its opinion in the context of a request for a preliminary ruling made by the Commercial Court 7 of Barcelona to the CJEU concerning, i.a, the interpretation of Article 5(1) of Directive 2014/104/EU on the disclosure inter partes of evidence.
The EFTA Court clarifies the application of limitation periods to antitrust claims resulting from EEA competition infringement
The EFTA Court with its judgment of 17 September 2018 (reference no. Case E-10/17 – Nye Kystlink AS and Color Group AS and Color Line AS) has confirmed that lawsuits against antitrust offenders can face deadline restrictions, but this should not make them “impossible or excessively difficult”. The EFTA Court stated that the compliance of national rules […]