Damages

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Despite the pandemic, 2020 has been a very busy year for the Federal Cartel Office (“FCO”) and courts in the field of competition law in Germany.  The following is merely a selection of interesting…

Despite best efforts of the European legislator as well as the CJEU, from a claimant’s perspective, private enforcement litigation before German Courts in the trucks cartel [Link]  must be an…

Ever since the 2001 Courage judgment, private actions for damages are on the rise. The Commission wanted to quickly follow with a legislative act including minimum standards for private enforcement…

Introduction On 23 September 2020 a former director of one of the North Sea shrimps cartelists was held personally liable for damage of over € 13 million by the Dutch District Court of Noord…

The England and Wales Court of Appeal has overturned the Decision of the United Kingdom Competition Appeals Tribunal (CAT) in the collective proceedings Walter Merricks v MasterCard, where final…

In its preliminary ruling in Skanska Industrial Solutions and Others[1], the Court of Justice has ruled on the fundamental question of who is liable to pay compensation in an action for damages for…

In July 2005, Germany adopted a new law providing that the limitation period for damage claims is suspended during the investigation of a competition authority (“Suspension Provision”). Ever since,…

The Senate has approved with minor amendments the Antitrust Bill (the “Bill”) that had been approved by the Chamber of Deputies. The Senate introduced minor amendments to a few articles of the Bill,…

Following a considerable delay and a threat by the European Commission to initiate infringement proceedings, Bulgaria finally implemented in its national law the provisions of the European Directive…