Private Enforcement & cartel damages claims

Cartel Damages Compensation  |  Follow-on actions  |  Everybody’s right to compensation

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.

 FOLLOW-ON ACTIONS

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.

Contact information:

ECDA coordinator: Johannes Vollmer
Phone +32 2 204 44-13
info@ecda-online.com

Postal address:
European Cartel Damage Alliance e.V. (ECDA)
Magazinstraße 15-16
10179 Berlin / Germany