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So far Burke has created 56 blog entries.

German Supreme Court provides guidance on applicable law and standards of proof for causality and damage quantification in follow-on damage actions in light of recent CJEU case law

On 29 May 2020 the German Supreme Court (‘Bundesgerichtshof’) published two judgments (KZR 23/17 and KZR 25/17) in which it provides detailed guidance on the legal principles and the standard of proof to be applied for the substantiation of damages in follow-on damage actions in the light of EU law principles. These judgments are [...]

2020-07-15T11:02:25+00:00July 14th, 2020|

Amsterdam Court of Appeal applies Cogeco principles on limitation periods and confirms validity of assignments in Sodium Chlorate cartel case

Introduction On 4 February 2020 the Amsterdam Court of Appeal in a landmark judgment ruled that the claims brought by CDC against Kemira Chemicals Oy (‘Kemira Chemicals’) under Finnish, Swedish and Spanish law are not time-barred. The Court of Appeal is the first national appeals court to apply the Cogeco principles on limitation periods [...]

2020-03-05T14:11:26+00:00March 5th, 2020|

What makes a jurisdiction attractive for follow-on damage actions? The case of the Netherlands

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 [...]

2020-02-27T12:02:12+00:00February 27th, 2020|

CJEU confirms the right of all cartel victims to obtain redress in Elevators and Escalators cartel case

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 [...]

2020-02-07T11:39:02+00:00February 7th, 2020|

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 [...]

2020-01-10T09:23:03+00:00January 10th, 2020|

AG Kokott: Confirming the Wide Scope of Antitrust Damage Claims

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 [...]

2019-10-04T09:44:31+00:00October 4th, 2019|

Landmark judgment by the EU Court of Justice on the interpretation of the place of harmful event under Regulation Brussels I bis for the determination of alternative grounds of jurisdiction in pan-European cartel damages cases

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 [...]

2019-08-06T07:29:28+00:00August 5th, 2019|