burke

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So far Burke has created 6 blog entries.

Clarifying the reasonableness test in the proposed guidelines of the European Commission on the passing-on of cartel overcharges

Virtually each dispute over claims for damages resulting from an infringement of competition law includes the question of how to deal with the fact that a direct purchaser from an infringer might have passed on all or part of the illegal overcharge to its own customers and thus, directly or indirectly, even down to [...]

2018-10-30T17:28:55+00:00October 30th, 2018|

TenneT vs ABB: The case and discussion about the passing-on defence continues

The discussion on the admissibility of the passing-on defence in the dispute between TenneT and ABB continued with the judgment of the Court of Appeal Arnhem-Leeuwarden (Gelderland) of 29 May 2018 (ECLI:NL:GHARL:2018:4876). The procedure concerns a follow-on damages action of the Dutch state-owned grid operator TenneT against ABB – and in a different procedure [...]

2018-10-24T13:03:43+00:00October 24th, 2018|

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 [...]

2018-10-05T08:15:37+00:00October 4th, 2018|

The compatibility of Irish rules on champerty and maintenance with the EU damages directive

On 17 February 2017, EU Directive 2014/104 (the “Directive”) was transposed into Irish law by the European Union (Actions for Damages for Infringements of Competition Law) Regulations 2017 (the “Implementation Act”).  As widely acknowledged, the implementation of the Directive aims to facilitate the enforcement of claims for damages resulting from infringements of competition law [...]

2018-09-06T14:25:06+00:00September 6th, 2018|

EU proposes new whistleblower safeguards

On 23 April 2018, the European Commission announced its intention to implement new EU-wide standards to safeguard whistleblowers. The Commission’s proposals aim to strengthen existing laws by increasing the protection of whistleblowers who report violations of EU rules, including breaches of competition law. According to the Commission the proposed reforms will establish “safe channels” [...]

2018-09-06T14:34:22+00:00September 6th, 2018|

German Federal Court of Justice hands down landmark judgment in Cement Cartel Case

In 2005, Germany implemented legislation determining the suspension of limitation periods for damage claims during the investigation of a competition authority. However, since the adoption of the new provision it has been unclear whether the law applies on damage claims which arose before the entry into force of the new suspension provision (1 July [...]

2018-09-06T15:16:53+00:00September 6th, 2018|