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Summary of EU Case-Law On Private Enforcement of EU Competition Law
Summary of EU Case-Law On Private Enforcement of EU Competition Law
Summary of EU Case-Law On Private Enforcement of EU Competition Law
CJEU case-law already includes circa 53 cases of Private Enforcement of Competition Law
+11 pending [list surely incomplete]
• referrals from actions relating to Arts. 101 or 102 TFEU (damages, validity of contracts
or injunctions)
• referrals on access to evidence, to prepare private enforcement actions
• cases by potential claimants relating to refusals of access to Commission files, to
prepare private enforcement actions (2 leading to 2 judgments)
• cases by infringers meant to prevent publication of Commission decisions or
disclosure of information (to fend off private enforcement actions)
• cases where a third party seeks annulment of a Commitment Decision because of its
impact on contractual rights and private litigation
• referrals from actions relating to State aid (damages and injunctions
for suspension or recovery)
Rhythm of new referrals has significantly increased. The Private Enforcement
revolution will mean that the CJEU will start playing a bigger role in clarifying
EU Competition Law
27
28
1
5/17/2021
29
30
2
5/17/2021
3
5/17/2021
33
34
4
5/17/2021
See also EFTA Court cases: Fjarskipti (E-6/17); Nye Kystlink (E-10/17)
35
C-2/20 Daimler UK
Extraterritorial application of EU Competition Law
Removed from registry (questions withdrawn)
See also EFTA Court cases: Fjarskipti (E-6/17); Nye Kystlink (E-10/17)
36
5
5/17/2021
Cases clarifying jurisdiction for private enforcement cases, under Brussels I Regulation
37
Pending cases
C-819/19 Dutch Air Cargo (AG Bobek Opinion issued)
On geographical-temporal scope of application of EU Competition Law and potential extraterritoriality
C-882/19 Mercedes Benz Trucks España (Sumal) (AG Pitrozzella Opinion issued)
On single economic unit, requiring clarification of Skanska - liability of subsidiaries for parent company
infringements
38
6
5/17/2021
Pending cases
C-588/20 Daimler
Whether EC decision in trucks cartel included special vehicles, such as garbage trucks, fire engines, cement
mixers, road sweepers, tankers and transporters of hazardous materials (scope of binding effect of decision)
C-25/21 Repsol
Burden of proof and binding effect of NCA decisions (whether a contract falls under scope of
NCA declaration of infringement)
39
Pending cases
C-57/21 Ceske drahy (Regiojet)
Obligation to grant access to evidence in private enforcement when public enforcement
investigation is underway. Clarifying information injured persons may have access to and
when (interaction with public enforcement cases).
C-???/21 Daimler
Questions from Valencia in trucks cartel case on compatibility with principle of full
compensation of courts costs splitting in case of partial success and on estimation of damage
by national court
40