header-logo header-logo

The ripple effect

03 October 2019 / Audrey Dwyer
Issue: 7858 / Categories: Features , Competition , EU , Commercial
printer mail-detail
8649
The ECJ has been advised to expand the scope for claims against cartelists to those indirectly affected. Audrey Dwyer reports

In a potentially significant opinion (the Opinion), Juliane Kokott (AG Kokott), Advocate General to the European Court of Justice (ECJ), advised the ECJ that parties who did not directly participate in the market in which a cartel operated should be permitted to claim damages from the members of the cartel.

It remains to be seen how the ECJ will approach this issue in its final decision on the matter, but, if followed, this approach could represent a significant expansion of the scope for private damages claims against cartel participants in the EU.

Would-be claimants are nevertheless likely to face significant hurdles in demonstrating causation, however, and it will be for the national courts of member states to determine their own approach to these questions.

Background

The Opinion, which is non-binding, was prepared in the context of a claim brought by Upper Austria for damages arising out of cartel arrangements between

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
The next generation is inheriting more than assets—it is inheriting complexity. Writing in NLJ this week, experts from Penningtons Manches Cooper chart how global mobility, blended families and evolving values are reshaping private wealth advice
back-to-top-scroll