European Cartel Damage Alliance e.V.
The antitrust lawyers within the network have several years of experience in the field of enforcement of cartel damage claims
Private Enforcement & cartel damages claims
CARTEL DAMAGES COMPENSATION
Cartel damages claims are the counterpart to antitrust fines by competition authorities. While the latter aim at punishing infringements of competition law, actions for damages aim mainly at damage compensation. Nonetheless, their detterent effect shouldn‘t be underestimatet.
Antitrust damages claims are usually enforced (out of court or in court) follwing a binding decision of a competition authority. At the level of the European Union it is the European Commission, which every year fines various antitrust infringements of different nature and scope.
EVERYBODY’S RIGHT TO COMPENSATION
The European Court of Justice confirmed in the past that any individual has the right to full compensation for the harm caused to it by an infringement of antitrust rules (i.e. compensation of actual loss, loss of profit and interests). Since then the rights of cartel victims have constantly been strengthened by case-law and the legislator. An important milestone was the the Directive on antitrust damages actions (2014/104/EU). Every claim should be carefully considered both legally and economically before a lawsuit.
HORTEN/ECDA - AUTUMN BUSINESS MEETING in Copenhagen
Perspectives on competition damages cases
To register please click here.
De Gaulle Fleurance & Associés/ECDA SPRING BUSINESS MEETING in Paris
Information about the Farmed Salmon Cartel case: useful preparation for customers; risks and chances of cartel damages claims
Postponed to a later date.
ECDA/FORIS - 1st Competition Day
New developments in the field of private enforcement of competition law and litigation funding for companies in Europe
In view of the Corona virus situation our ECDA/FORIS 1st Competition Day took place online on 26 August 2021 (see agenda). However, the online format did not hinder our excellent speakers to hold passionate speaches about the future of the private enforcement of competition law. The participants have been welcomed by Prof. Hanns-Ferdinand Müller, CEO of the litigation funder FORIS AG and Andreas Christensen, partner at the Danish ECDA member Horten. His colleague, Marie Lovbjerg, senior attorney at Horten, moderated the followin speaches. Prof. Dr. Maik Wolf conveyed in his keynote speech the message, that the succes of atitrust dammage claims will in the future depend even more than in the past on an effective public enforcement of competition law. Nataliia Ivanytska, lawyer from the French ECDA member De Gaulle Fleurance & Associés, Dr. Michał Będkowski-Kozioł from the Polish ECDA member Kochanski & Partners and Dr. Holger Hoch, partner counsel from the German ECDA member BBH presented the challenges of the private enforcement of competition law in their respective countries and talked about the benefits for their clients of their mutual cooperation within the network and with the litigation funder FORIS AG. Last but not least, Frederick Iwans, CEO of the FORIS AG, stressed in his closing presentation why litigation funding in cartel damage cases makes sense and which litigation funding cases and strategies are possible. All presentation files are available here:
We thank all speakers and participants for their interesting contributions and questions and are looking forward to our 2nd ECDA/FORIS Competition Day next year, hopefully in person!
ECDA coordinator: Dr. Anna Lesinska-Adamson
Phone +49(0)30 611 28 40-10
European Cartel Damage Alliance e.V. (ECDA)
10179 Berlin / Germany