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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll