Private actions

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…

Damages, Jurisdiction, Private actions, Private enforcement, Procedures, Spain, Stand-alone action

(Suderow Fernández)/ /Leave a comment

Over the last five years, mass litigation in the field of antitrust in Spain has rapidly increased. The so-called “Trucks Cartel Litigation” has generated thousands of judgements and dozens of referrals to the CJEU. These judgements and referrals have allowed national courts and the CJEU to clarify several legal questions, such as the temporal application…

Cartels, Class action, Collective Redress, Damages, Germany, Private actions, Private enforcement

(Spieker & Jaeger)/ /1 Comment

The collective private antitrust cases in the so-called timber cartel keep many German courts busy. At the beginning of the year, the Stuttgart Regional Court rejected any claims for cartel damages in a rather blunt manner [Link]. Now, the Regional Court of Dortmund has heard the case. As Dortmund is located in Germany’s Westfalia region,…

Collective Redress, Damages, Disclosure, Effects-based, Enforcement, European Union, Evidence, Fair Fund, International Law Talk, Leniency, Liability, National competition authorities (NCAs), Podcast, Private actions, Private enforcement, Procedures, Standard of Proof

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

Two Germans meet in Graz to discuss private enforcement of competition law in the EU. Tune in for the first in-person interview of the competition edition of the International Law Talk Podcast. On a warm summer day in June, I interviewed Thomas Thiede on our favorite topic: private enforcement of competition law and its newest…

Advocate General, Damages, Disclosure, European Court of Justice, Evidence, Private actions, Private enforcement

(Latham & Watkins LLP) and (University of Vienna, Austria)/ /Leave a comment

Recent posts on this blog (here) have already highlighted the role that the adoption of Directive 2014/104/EU (Damages Directive or Directive) and the European Commission’s (EC) decision in case AT.39824 – Trucks, amongst other events, have played as turning points in private enforcement of competition law in the EU. The Directive has led not only…

Advocate General, Damages, European Union, Limitation Period, Private actions, Private enforcement

(Universitat Pompeu Fabra)/ /Leave a comment

Advocate General Rantos delivered his Opinion in a request of a preliminary ruling by a Spanish court (case C-267/20), the Audiencia Provincial of León, the appellate court in a trucks’ cartel damages claim. In particular, Advocate General Rantos Opinion deals with the temporal scope of application of the Damages Directive; the “substantive” or “procedural” nature…

Damages, Fair Fund, Leniency, Private actions, Private enforcement

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

Europe’s leniency programs face a problem. Creating an incentive for private enforcement with the 2014 Damages Directive came at the expense of leniency applications all over the EU. A further balance of public and private enforcement will be necessary. Many approaches have been discussed. Recently, calls for exemptions or limitations of civil liability for leniency…

Abuse of dominance, European Court of Justice, European Union, Jurisdiction clauses, Private actions

, (McCann FitzGerald)/ /Leave a comment

The European Court of Justice (CJEU) held recently in Apple Sales International v MJA acting as liquidator of eBizcuss.com[1] that claims alleging abuse of a dominant position could come within the terms of a jurisdiction clause even where the clause did not expressly refer to claims based on competition law.   Relevant Rules The rules…