Private enforcement

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…

Collective Redress, Germany, Private enforcement, Procedures

(Universität Regensburg)/ /2 Comments

The term “Assignment Model” refers to a mechanism of bundling damage claims. It is not a statutory instrument, but in some Member States, such as Germany, it is possible as a workaround. The Landgericht Dortmund (Regional Court of Dortmund) decided on referring to the ECJ for a preliminary ruling in the Roundwood Case asking about…

Advocate General, Damages, Disclosure, Enforcement, Leniency, Private enforcement, Procedures, Public procurement, Settlement

(University of Vienna)/ /Leave a comment

The scope of the protection of leniency documents appears to be the central issue when it comes to the discussion about whether there is a conflict between private and public enforcement. AG Szpunar’s statements in the recently published Opinion (C-2/23) have now shed light on the CJEU’s possible direction for how to deal with this…

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)…

Damages, European Court of Justice, Limitation Period, Principle of Effectiveness, Private enforcement

(Court of Justice of the European Union)/ /Leave a comment

According to the German philosopher Johann Gottfried Herder, the two greatest tyrants on Earth are chance and time. The word ‘tyrant’ is derived from Ancient Greek ‘tyrannos’ to describe an ‘absolute ruler unrestrained by law or constitution’. Certainly, actions for damages in competition law may depend on numerous factors substantially determined by chance (e.g. questions…

Class action, Collective Redress, Competition proceedings, Damages, Germany, Private enforcement

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

With the (belated) transposition of the EU Representative Actions Directive (RAD) on 13 October 2023 by means of the RAD Implementing Act (Verbandsklagenrichtlinienumsetzungsgesetz – non-German speakers, I treat you to a beer if you can properly pronounce this Zungenbrecher), the German legislator has ventured new legal territory for collective actions. Now, four main models build the…

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,…

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, Digital markets, Digital Markets Act, Private enforcement

(University of Vienna, Austria) and (University Villanueva, Spain)/ /Leave a comment

The Digital Markets Act has been analysed from a myriad of prisms, both from the public and private enforcement perspectives. However, less attention has been dedicated to analysing the actual content of private enforcement via collective actions, as set out explicitly in Articles 42 and 52 of the DMA. Article 42 DMA establishes that “Directive…