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So far Burke has created 60 blog entries.

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 [...]

2020-09-17T08:03:16+00:00septembre 17th, 2020|

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 of [...]

2020-07-15T11:03:33+00:00juillet 14th, 2020|

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 (‘CJEU’). [...]

2020-06-03T14:32:14+00:00juin 3rd, 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 as [...]

2020-03-10T15:57:06+00:00mars 10th, 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 [...]

2020-02-27T14:58:35+00:00février 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 the [...]

2020-02-07T11:39:56+00:00février 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 buy [...]

2020-01-10T09:23:50+00:00janvier 10th, 2020|