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 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. The Supreme Court has fully dismissed the appeals brought by Renault Trucks S.A.S., reinforcing a clear judicial trend towards an effective and adequate compensation of anticompetitive harm, based on the facts […]
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
The Spanish Supreme Court Consolidates Key Aspects on Cartel Damages: A Landmark Judgment in the Envelopes Case
On June 5, 2025, the Spanish Supreme Court issued a ruling that marks a milestone in private competition law enforcement in Spain. The judgment — STS 2621/2025 — resolves the appeal brought by the Partido Socialista Obrero Español (PSOE) against several companies in the paper envelope sector — namely Printeos, Tompla, and Maespa — which had been fined in 2013 by the Comisión Nacional de los Mercados y la Competencia (CNMC) for participating in a cartel (case S/0316/10).
Commission Finds Apple in Violation of DMA: Significant Impact on App Developers
The European Commission has published one of its first-ever non-compliance decisions under the Digital Markets Act, targeting Apple. By restricting app developers from steering users outside the App Store, Apple may have caused a loss of profit amounting to EUR millions per month. This landmark decision could open the door to the first private claims brought under the DMA.
Advocate General Medina’s opinion on when the limitation clock starts ticking
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.
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.