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

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
back-to-top-scroll