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…
Introduction
The Civil Chamber of the Spanish Supreme Court has already issued forty judgments ruling on appeals against judgments of the Courts of Appeal on claims for damages caused by the truck…
According to the German philosopher Johann Gottfried Herder, the two greatest tyrants on Earth are chance and time. The word ‘tyrant’ is derived from Ancient Greek ‘tyrannos’ to describe an ‘absolute…
With the (belated) transposition of the EU Representative Actions Directive (RAD) on 13 October 2023 by means of the RAD Implementing Act (Verbandsklagenrichtlinienumsetzungsgesetz – non-German…
“The estimated damage cannot be less than 5% of the purchase price paid for reasons of effectiveness under EU law.” This was recently stated by the German Federal Court of Justice about claims for…
Prompted by concerns about the effectiveness of EU competition law in digital markets, the introduction of the Digital Markets Act (DMA) marks a significant milestone. This forward-looking regulation…
