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.

News

HORTEN/ECDA - AUTUMN BUSINESS MEETING in Copenhagen

Perspectives on competition damages cases

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:

Ivanytska_De Gaulle Fleurance - Presentation ECDA-FORIS 1st Competition Day 2021

Bedkowski-Koziol_Kochanski - Presentation ECDA-FORIS 1st Competition Day 2021

Hoch_BBH - Presentation ECDA-FORIS 1st Competition Day 2021

Iwans_FORIS - Presentation ECDA-FORIS 1st Competition Day 2021

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!

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