Estimation

Cartels, Damages, Economics, Estimation, Germany, Information exchange

(Oxera Consulting LLP)/ /1 Comment

Introduction Cartel damages proceedings are a highly interdisciplinary endeavour between lawyers and economists in many jurisdictions, including Germany. Lawyers and courts in such proceedings must, among other things, answer a fundamentally economic question—namely, what would have been the price in a market absent the infringement? In addition, the European Damages Directive of 2014 has set…

Cartels, Damages, Estimation, Litigation, Presumptions, Private enforcement, Spain

(IE Law School)/ /Leave a comment

Introduction The Civil Chamber of the Spanish Supreme Court has already issued forty judgments ruling on appeals against judgments of the Courts of Appeal on claims for damages caused by the truck cartel. The Courts of Appeal have now handed down 4315 rulings on compensation for more than 25,000 cartelized trucks, 95% of them (partially)…

Cartels, Damages, Economics, Estimation, Spain

(IE Law School)/ /1 Comment

Introduction Nowadays, it is not uncommon for Spanish courts to have to rule on disputes where there is uniformity in the facts and the applicable legal rules. In civil courts, mass litigation arose as a result of nullity suits filed by consumers in banking and financial matters regarding contracts for the subscription of banking products…

Cartels, Damages, Estimation, Germany, Private enforcement

(CDC Cartel Damage Claims Consulting)/ /Leave a comment

“The estimated damage cannot be less than 5% of the purchase price paid for reasons of effectiveness under EU law.” This was recently stated by the German Federal Court of Justice about claims for damages due to the Dieselgate scandal. However, the Court’s reasoning in favour of this legal lower limit for damages might equally,…

Anticompetitive agreements, Cartels, Competition enforcement, Damages, Economics, Estimation, Evidence, National court, Private enforcement, Spain

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Introduction Three weeks ago, the Spanish Supreme Court delivered its first rulings on damages claims in the trucks cartel. Given that Spanish courts have been the most active in the EU on this case (see the stream of judgments issued by the Courts of Appeal in Figure 1, 85% are available at CENDOJ), there was…

Costs, Damages, Disclosure, Estimation, European Court of Justice, Evidence, Liability, Litigation, Private actions, Private enforcement, Procedures

(University of Vienna, Austria)/ /Leave a comment

The judgment of the European Court of Justice (CJEU) in Tráficos Manuel Ferrer (C-312/21) provides some clarity on the compatibility of national cost rules and judicial damages estimation with EU primary law – the effective enforcement of EU competition law – and the rules of the Damages Directive. The CJEU followed AG Kokott’s opinion to…