header-logo header-logo

03 October 2019 / Audrey Dwyer
Issue: 7858 / Categories: Features , Competition , EU , Commercial
printer mail-detail

The ripple effect

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

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
Could an online LLM in Commercial and Technology Law expand your career options?
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
back-to-top-scroll