Introduction The year 2019 was marked by a number of landmark judgements of the Court of Justice of the European Union (‘CJEU’) in the field of private enforcement such as Skanska, Cogeco and Tibor-Trans. On 12 December 2019 the CJEU rendered its judgement in Case-435/18, Otis Geselschaft m.b.H. e.a., (Austrian Elevators and Escalators). Following the Opinion of Advocate General (‘AG’) Kokott, it […]
The Spanish paper envelopes cartel: Compensation over 40 years later
In 1977, Spain celebrated its first democratic elections in the aftermath of the transition from dictatorship to full democracy. The leading five paper envelope producers used the occasion to create and establish one of the most harmful cartels in Spanish Public Procurement history. Before the elections took place, the transition government were required to buy […]
Review of economic publication ‘Cartel Dating’
The recent publication on the determination of the period of actual collusive effects by Boswijk, Bun, & Schinkel (“BBS”) is rather timely given the upsurge in private antitrust enforcement across Europe since the introduction of the EU Damages Directive (“Directive”) and its subsequent implementation into Member State law. Background – The Right to Full Compensation The Directive acknowledges the […]
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 […]