Private actions

Cartels, Class action, Collective Redress, Consumer protection, Damages, European Court of Justice, European Union, Germany, Principle of Effectiveness, Private actions, Private enforcement, Procedures

(University of Vienna, Austria) and (University of Göttingen, Germany)/ /Leave a comment

In Tuesday’s judgment C-253/53 – ASG 2, the European Court of Justice (ECJ) provides some clarification on the compatibility of German rules restricting the fiduciary assignment of cartel damage claims to a provider of legal services with the principle of effectiveness and the right to effective judicial protection in EU law. The ECJ took a…

Digital, Digital competition, Digital economy, Digital markets, Private actions, Private enforcement

(Nodia, Urumashvili and Partners LLC)/ /Leave a comment

Prompted by concerns about the effectiveness of EU competition law in digital markets, the introduction of the Digital Markets Act (DMA) marks a significant milestone. This forward-looking regulation, focusing on overseeing major digital platforms termed gatekeepers, prioritizes fair competition by treating their services as core platform services. Despite the DMA’s primary reliance on the European…

Anticompetitive agreements, Confidentiality, Damages, Portugal, Private actions, Private enforcement

(Sousa Ferro & Asociados)/ /1 Comment

Introduction On February 21, 2020, the European Commission (EC), in the context of Case AT.40528 – Holiday Pricing, ordered Meliá Hotels International, S.A. to pay a fine in the total amount of EUR 6 678 000. The European Commission found that Meliá Hotels International, S.A. participated in a single and continuous infringement of Article 101…

Collective Redress, Conference, Damages, Digital, National court, Private actions, Private enforcement

(Max Planck Institute for Competition and Innovation)/ /Leave a comment

On November 3rd 2023, the University of Vienna, Department of European, International and Comparative Law, together with the European Circle for Competition Damages and the Austrian Society for European Law (ÖGER) hosted a conference on the relevant issue of disclosing evidence in antitrust damages proceedings. Roughly ten years after the European Damages Directive had been…

Abuse of dominance, Damages, National court, Portugal, Private actions, Private enforcement, Regulation

(Universidade do Porto)/ /1 Comment

On September 25th the Lisbon Court of Appeal (TRL) upheld the essence of a 2022 ruling by the Portuguese Competition Court, which in turn had already upheld the 2019 decision of the Portuguese Competition Authority (PCAC) in the EDP case, condemning it to a fine of €40 million – the largest fine ever imposed in…

Abuse of dominance, Czech Republic, Damages, European Court of Justice, National court, Private actions, Private enforcement

, (Skils)/ /Leave a comment

Summary of Facts On 21 September 2023 the Advocate General Juliane Kokott presented her opinion in the Case C-605/21, Heureka Group a.s. v. Google LLC. The opinion addresses a request for a preliminary ruling from the Prague Municipal Court, which is hearing Heureka’s follow-on action against Google based on the Commission’s Decision C(2017) 4444 final…

Litigation, Private actions, Private enforcement, United Kingdom

(Del Canto Chambers, Litigo Partners)/ /Leave a comment

With a much-unanticipated outcome, on 26 July 2023, the Supreme Court of the United Kingdom (UKSC) finally handed down its long-expected judgement in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28, a decision that is considered to have a significant hit on the litigation funding…

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,…