Private Enforcement & cartel damages claims

 CARTEL DAMAGES COMPENSATION

Cartel damage claims complement the antitrust fines imposed by competition authorities. While fines are intended to punish violations of competition law, damage claims primarily seek compensation for harm caused. However, their deterrent effect should not be underestimated.

 FOLLOW-ON ACTIONS

Antitrust damage claims are typically pursued, either out of court or in court, following a binding decision by a competition authority. At the European Union level, the European Commission annually imposes fines for various antitrust infringements of different types and scales.

 EVERYBODY’S RIGHT TO COMPENSATION

The European Court of Justice has affirmed that any individual has the right to full compensation for harm caused by an infringement of antitrust rules, including compensation for actual loss, loss of profit, and interest. Since then, the rights of cartel victims have been consistently reinforced through case law and legislation. A significant milestone was the Directive on Antitrust Damages Actions (2014/104/EU). Before pursuing a lawsuit, every claim should be thoroughly evaluated from both legal and economic perspectives.