Private enforcement

51 articles available

The protection of leniency applicants in the context of private damages actions is a never-ending story; when it comes to determining which interest should prevail, the issue keeps chasing its own…

Private enforcement of the Digital Markets Act (DMA) is now a reality, and the judgment of the Regional Court of Mainz (Case 12 HK O 32/24) in the 1&1 Mail & Media/Google (Gmail) case, delivered on…

Suderow Fernández Abogadas, S.L.PBackgroundOn 23 July 2015, the Spanish Competition Authority (hereinafter, “CNMC”) issued a decision in case S/0482/13 Car Manufacturers. In it, it declared that…

I. Executive SummaryThe opinion delivered on 12 June 2025 by Advocate General Maciej Szpunar ("AG") before the European Court of Justice ("ECJ") in Case C-286/24 Meliá Hotels International v…

Unless you’ve been living under a rock the last decade, you’ll know that private enforcement of antitrust is now big business, spurred on by the Damages Directive and industrious claimant-side law…

Limitation periods are a gating item that determines if a claim will go forward. When arguing (and counter arguing) if a competition law damages claim is time-barred, the parties usually focus on the…

In Tuesday’s judgment C-253/53 – ASG 2, the European Court of Justice (ECJ) provides some clarification on the compatibility of German rules restricting the fiduciary assignment of cartel damage…

The term “Assignment Model” refers to a mechanism of bundling damage claims. It is not a statutory instrument, but in some Member States, such as Germany, it is possible as a workaround. The…

The scope of the protection of leniency documents appears to be the central issue when it comes to the discussion about whether there is a conflict between private and public enforcement. AG Szpunar…