This article continues the series on private enforcement in the Netherlands. New collective actions regime On 1 January 2020 the new collective actions regime in the Netherlands entered into force. Under the new regime, representative bodies can bring collective damage actions for monetary compensation including for damages caused by cartels and other anticompetitive conduct. Collective […]
The trucks cartel fined by the European Commission in 2016 and 2017 triggered a wave of follow-on damage actions throughout the entire European Union. In Italy, after several legal actions having been launched by logistics associations and transport companies against the six sanctioned manufacturers, the Chamber of the Naples District Court specialised in business matters rendered the first judgment awarding damages in 2021.
On 15 April 2021 the CJEU’s Advocate General (AG) Pitruzzella handed down his opinion in the preliminary ruling procedure relating to the Trucks cartel litigation in Spain. The Barcelona Provincial Court (‘Barcelona Court’) requested the CJEU to interpret EU law on the question of whether a subsidiary company is liable for damages where the Commission has only fined the parent company for anticompetitive behavior. The AG in Case C-882/19 takes the view that, subject to conditions, a subsidiary without being addressee of the cartel decision can be held liable for the damages caused by the infringement. The Opinion, when confirmed by the CJEU, has as well implications on the question of where victims of Europe-wide cartel behavour might bring claims for damages.
Orange Caraïbe et al. vs Digicel Antilles Françaises Guyane On 17 June 2020, the Paris Court of Appeal (Court) delivered its judgment (Orange judgment) in which it ordered Orange to pay EUR 249.5 million (EUR 181.5 million in damages plus EUR 68 million in interest) to Digicel Antilles and Guyana, following the implementation by the […]
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 […]
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’). […]
This article is the first in a series on private enforcement in the Netherlands. Introduction Over the past 10 years the Netherlands has established itself as one of the key jurisdictions for private damage actions in the field of competition law in the EU. Claimants have brought multiple follow-on actions, mainly relating to pan-European cartel […]
Introduction Advocate General (AG) Kokott is one of the most influential and experienced members of the European Union’s judiciary. Recently, she handed down a landmark opinion in relation to the Austrian Elevators and Escalators cartel damages case on the scope of damages claims that can be brought by claimants. The key issue in Austrian Elevators and Escalators revolved around […]
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 […]
The jurisdiction of the national civil court is often questioned in cases concerning EU-wide follow-on damages claims. In its judgment of May 2015, the European Court of Justice (ECJ) in Case C-352/13 – CDC HP confirmed that the national court under the Brussels I Regulation (Brussels I) is in particular competent to hear and adjudicate the case […]