Nils Imgarten (Deputy Editor), Author at Kluwer Competition Law Blog

By Nils Imgarten (Deputy Editor)

Nils Imgarten is a young researcher in European Law. In his research, he focuses on European procedural competition law as well as procedural law more generally. He publishes regularly on matters in this field in journals such as European Competition Law Review, Journal of European Competition Law and Practice, Neue Zeitschrift für Kartellrecht, and Global Competition Litigation Review. That includes works both in English and in German. Besides, he is fluent in French.
He holds a law degree from Goettingen University and a LL.M. from the College of Europe, Bruges. After concluding legal training with clerkships, amongst others, at the German Federal Ministry of Justice (EU Law division, including proceedings before the ECJ), the chambers of Advocate General Juliane Kokott at the ECJ, and at Freshfields Bruckhaus Deringer (EU competition law), he is fully qualified to practice law in Germany.
Currently, he pursues a Ph.D. in law (Dr. iur.) at Goettingen University. His thesis will deal with limits and implications of administrative fact discretion of the European Commission in EU law from a procedural competition law perspective.
At Kluwer's Competition Law Blog, he is a regular contributor as well as Deputy Editor as of January 2024.

Competition enforcement, Damages, European Court of Justice, National competition authorities (NCAs), National court, Private enforcement, References for a preliminary ruling

No Binding Effect of NCA Decisions, but Shifts in the Burden of Proof in (Pre-Directive) Private Damages Claims? (Case C-25/21 – Repsol)

Nils Imgarten (Deputy Editor) (University of Göttingen, Germany)/May 3, 2023May 3, 2023 /Leave a comment

In a preliminary reference procedure stemming from a private cartel damages action in Spain, the European Court of Justice (‘ECJ’ or ‘the Court’) had to rule on the binding effects of national competition authorities’ (‘NCAs’) decisions for private enforcement as evidence before national courts. Besides, another question concerned the effects of the automatic nullity of…

Damages, Disclosure, European Court of Justice, National competition authorities (NCAs), Railway, References for a preliminary ruling

Disclosure of Documents in Parallel Public and Private Enforcement of Competition Law – The ECJ’s Judgment in C-57/21 – RegioJet

Nils Imgarten (Deputy Editor) (University of Göttingen, Germany)/February 1, 2023January 30, 2023 /Leave a comment

The preliminary ruling of 12 January 2023 in RegioJet can easily be perceived as a continuation of the jurisprudence on disclosure rules that was developed by the European Court of Justice (the Court or ECJ) in the case of C-163/21 – PACCAR. The PACCAR case concerned specific questions of disclosure of documents, which were not…

Damages, Disclosure, European Court of Justice, Evidence, National court, Private enforcement, Proportionality

Disclosure of Evidence in Private Enforcement of Competition Law: Art. 5 of the Damages Directive and the Need for an Individual Balancing of Interests (Judgment in C-163/21 – PACCAR et al.)

Nils Imgarten (Deputy Editor) (University of Göttingen, Germany)/December 1, 2022December 1, 2022 /Leave a comment

On 10 November 2022, the European Court of Justice (ECJ or the Court) delivered its judgment in another private enforcement case, interpreting Art. 5 of Directive 2014/104/EU (the Damages Directive or the Directive). It answered the preliminary question raised by a Spanish First Instance Commercial Court that the disclosure of information or documents which do…

Competition proceedings, European Court of Justice, National competition authorities (NCAs), Ne bis in idem

The Ne Bis In Idem-Principle And Its Limited Scope In The Context Of National And EU Competition Proceedings – The Case Of Slovak Telekom (C-857/19)

Nils Imgarten (Deputy Editor) (University of Göttingen, Germany)/March 8, 2021March 8, 2021 /Leave a comment

In its judgment of 25 February 2021 in the case of Slovak Telekom, the European Court of Justice (ECJ) reaffirmed its jurisprudence on the ne bis in idem rule and clarifies its relationship and functioning with art. 11 (6) of Regulation 1/2003. Judging from the facts as they are presented in the ECJ’s ruling, the…