CDC Blog2019-02-18T12:54:18+00:00

Welcome to the Blog of CDC Cartel Damage Claims!


Paris court of appeal awards EUR 249 million in antitrust damage action against Orange

On 17 June 2020, the Paris Court of Appeal (hereinafter the "Court") handed down its judgment (hereinafter the "Orange ruling") in which it ordered Orange to pay EUR 249.5 million (EUR 181.5 million in damages plus EUR 68 million in interest) to the telecom operator Digicel for anti-competitive practices implemented in the West Indies [...]

September 17th, 2020|Categories: CJEU, Damages Directive, France, Private Enforcement, Public enforcement, Quantification|

Actions for damages and unlawful State Aids

Under EU law, State aids are in principle prohibited unless authorised by the European Commission. In cases where Member States grant a State aid to an undertaking without obtaining the prior authorization of the European Commission, competitors of the beneficiary of this unlawful State Aid may obtain damages for the financial harm they may suffer [...]

September 17th, 2020|Categories: Private Enforcement, Public enforcement, State Aid|

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 [...]

July 14th, 2020|Categories: Cartels, CJEU, Germany, Passing-on, Private Enforcement, Quantification|

Towards civil liability of subsidiaries non-addressees of cartel decisions (C-882/19, Sumal)

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 [...]

June 23rd, 2020|Categories: Cartels, CJEU, Jurisdiction, Private Enforcement, Spain, Trucks Cartel|

Choice of forum delicti in EU-wide cartel damages cases (C-30/20, RH vs Volvo)

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 [...]

June 3rd, 2020|Categories: Cartels, CJEU, Jurisdiction, Private Enforcement, Spain, Trucks Cartel|

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 [...]

March 5th, 2020|Categories: Cartels, CJEU, Economics, Limitation Periods, Netherlands, Private Enforcement|

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 [...]

February 27th, 2020|Categories: Cartels, Damages Directive, Jurisdiction, Netherlands, Private Enforcement|

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 [...]

February 7th, 2020|Categories: Cartels, CJEU, Private Enforcement, Public enforcement, Quantification|

Collective or Class Actions and Claims Aggregation in the EU: the Claimant’s Perspective

By Till Schreiber and Martin Seegers An extract from GCR’s Private Litigation Guide - First Edition. The whole publication is available to purchase on GCR's website. Private enforcement of competition law in Europe has in the past decade been driven in large part by the aggregation and  enforcement of damages claims brought by multiple [...]

January 23rd, 2020|Categories: Abuse of dominance, Cartels, Damages Directive, Private Enforcement|

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 [...]

January 10th, 2020|Categories: Cartels, Damages Directive, Private Enforcement, Quantification, Spain|

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 [...]

October 4th, 2019|Categories: Cartels, CJEU, Damages Directive, Jurisdiction, Private Enforcement|

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 [...]

August 5th, 2019|Categories: Cartels, CJEU, Jurisdiction, Private Enforcement, Trucks Cartel|

Factors to consider when taking a cartel damages action

As private enforcement of competition law continues its upward trend potential claimants must consider many factors before deciding to pursue a claim for compensation against their suppliers. EU Directive 2014/104 has contributed to the increased awareness of the right to compensation across Europe and there has been a sharp surge in the number of [...]

July 12th, 2019|Categories: Cartels, Damages Directive, Private Enforcement, Trucks Cartel|

EU Directive strengthens competition authorities of the Member States to be more effective enforcers of EU competition law

On 11 December 2018, Directive (EU) 2019/1 of the European Parliament and of the Council to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market was adopted. The Directive aims to enable national competition authorities (NCAs) to be more effective [...]

May 27th, 2019|Categories: Cartels, Leniency, Limitation Periods, Parental liability, Public enforcement|

CJEU finds national limitation periods in conflict with the EU law principle of effectiveness

On 28 March 2019 in Case Cogeco C‑637/17 the CJEU provided guidance on the application ratione temporis of the EU Damages Directive 2014/104/EU (Directive) and stressed the importance of the principle of effectiveness for damages actions for breaches of EU competition law. The CJEU confirmed that a case-by-case analysis is required in order to [...]

April 16th, 2019|Categories: Abuse of dominance, Damages Directive, Limitation Periods, Private Enforcement|

The Elevators & Escalators cartel revisited in light of the Skanska case: on the impact of the effectiveness principle on the private enforcement of EU competition law

On 14 March 2019, the CJEU handed down a landmark judgment in the Skanska case. Following the opinion of AG Wahl, the CJEU found that the competition law concept of ‘undertaking’ is applicable as well in actions for damages for breaches of EU competition law. Consequently, each company that is part of the infringing [...]

March 25th, 2019|Categories: Cartels, Damages Directive, Finland, Parental liability, Private Enforcement|

AG Wahl advises the CJEU following preliminary questions in a Finnish cartel damage case on the relationship between European law and domestic law in the private enforcement of competition law

In a recently published opinion in a Finnish cartel damage case, Advocate General (AG) Wahl discussed the important issue of the relationship between European competition law and private liability law (opinion delivered on 6 February 2019 in the case C-724/17). According to AG Wahl, liability for a breach of European competition law follows directly [...]

February 21st, 2019|Categories: Cartels, Finland, Parental liability, Private Enforcement|

Not outsourcing your antitrust damage claim – an efficient use of resources?

Is it an efficient use of resources for a company damaged by a cartel to pursue a claim on its own rather than outsourcing the enforcement to a third party with the special experience and expertise necessary to successfully pursue antitrust damage claims? Particularly for small to medium sized enterprises outsourcing is often the [...]

February 18th, 2019|Categories: Cartels, Private Enforcement|

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 [...]

February 11th, 2019|Categories: Cartels, Parental liability, Private Enforcement, Quantification, Spain, Trucks Cartel|

Scope of parental liability in the Finnish asphalt cartel case

The competition law community is awaiting the preliminary ruling by the European Court of Justice (ECJ) in relation to questions posed by the Finnish Supreme Court in the follow-on damages proceedings brought in the Finnish asphalt cartel case by the City of Vantaa against Skanska Industrial Solutions Oy, NCC Industry Oy and Asfaltmix Oy [...]

January 23rd, 2019|Categories: Cartels, Finland, Parental liability, Private Enforcement|

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 [...]

December 19th, 2018|Categories: Cartels, Damages Directive, Economics, Quantification|

A new specialised court in town: the Netherlands commercial courts

The Netherlands is an established jurisdiction for bringing European follow-on damages procedures. Examples include the Sodium Chlorate, Paraffin Wax and Truck cartel cases. Cartel-damages cases are perfect examples of international disputes in which either the claimant or defendant, or both parties, are foreign companies coming from several European Member States. To illustrate by an [...]

December 13th, 2018|Categories: Cartels, Netherlands, Private Enforcement|

Jurisdiction of national courts in case of follow-on damages claims

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 [...]

December 6th, 2018|Categories: Abuse of dominance, Jurisdiction, Netherlands|

Dutch Court accepts jurisdiction for damage claims of non-EU claimants and provides guidance on the interpretation of limitation periods

On 27 June 2018 the Dutch District Court of East Brabant rendered an interim judgment (ECLI:NL:RBOBR:2018:3170) on the limitation periods of damage claims initiated by a Turkish company Vestel Ticaret A.Ş. (Vestel) against various international companies which were members of the cathode ray tubes cartel (CRT Cartel). The Dutch Court accepted jurisdiction of the [...]

November 16th, 2018|Categories: Cartels, Limitation Periods, Netherlands|

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 [...]

October 30th, 2018|Categories: Cartels, Damages Directive, Passing-on, Private Enforcement|

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 [...]

October 24th, 2018|Categories: Cartels, Netherlands, Passing-on, Private Enforcement|

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 [...]

October 4th, 2018|Categories: EFTA, Limitation Periods, Norway|

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 [...]

September 6th, 2018|Categories: Cartels, Damages Directive, Ireland, Litigation funding|

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” [...]

September 6th, 2018|Categories: Cartels, Leniency, Whistleblowers|

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 [...]

September 6th, 2018|Categories: Cartels, Cement, Germany, Private Enforcement|