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94 articlesAdvocate General Medina’s opinion on when the limitation clock starts ticking
Can a damages claim for cartel conduct be time-barred if it was filed before the conclusion of the national infringement decision’s judicial review? Advocate…
Read moreCJEU confirms the assignment model as an effective means to enforce claims for antitrust damages (ASG 2)
In its much anticipated ruling of 28 January 2025 the Grand Chamber of the European Court of Justice confirmed that it is generally possible…
Read moreEUROPEAN SUPERLEAGUE: ANALYSIS OF THE JUDGEMENT
1. Introduction At the beginning of 2021, the sports leaders of some of the most influential clubs in Europe, led by the presidents of…
Read moreMinimum Damages under EU Law in Antitrust Damages Actions? Conclusions from the Recent Case Law of the German Supreme Court
The estimated damage cannot be less than 5% of the purchase price paid for reasons of effectiveness under EU law.” This was recently stated…
Read moreDecoding Transaction Data in Private Competition Law Damage Litigations: Efficient data management in legal proceedings
In private damage litigations, the effective management of transaction data stands as a pivotal element in building compelling cases. Transaction data plays a central…
Read moreEffective enforcement of cartel damage claims through the assignment model: The preliminary ruling procedure before the CJEU in Case C-253/23 (ASG) – A Comment
Following a request for a preliminary ruling from Germany, the CJEU has to assess the availability of the ‘assignment model’ to cartel victims. Private…
Read moreTribunal Supremo on trucks cartel, judicial estimation after Tráficos Manuel Ferrer: Judges can estimate without prior disclosure, judicial estimate of 5% overcharge confirmed
In a bundle of 15 cassation judgments, the Tribunal Supremo, the highest civil court in Spain, rules on important questions concerning the ability of…
Read morePrivate Enforcement of the EU Digital Markets Act: The way ahead after going live
As of 2 May 2023, the DMA provisions started to be applied as an innovative ex-ante regulation targeting ‘gatekeepers’ in the digital market. Provided…
Read moreChallenges in Quantifying Private Antitrust Damages: Addressing Data Availability and Reliability
This article explores the complexities surrounding the quantification of damages and the issue of data asymmetry in private antitrust damage actions in Europe. It…
Read moreTráficos Manuel Ferrer – a warning to claimants and defendants alike
Shortly after the publication of the Tráficos Manuel Ferrer judgment by the Court of Justice of the European Union (CJEU) in response to a…
Read moreConnor and Lande data: median recovery rates suggest that cartel effects can be five times higher than cartel fines
Many cartels remain undetected by competition authorities. Even if detected, the estimated negative effects of price-fixing cartels on prices can be five times larger…
Read moreGerman Federal Court of Justice confirms factual assumption of harm in case of anticompetitive information exchanges and clarifies scope of liability in multi-product cartels
On 5 January 2023, the German Federal Court of Justice (BGH) published an important judgment in relation to follow-on damage actions relating to the…
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