The Spanish Second-Instance Court reduces the overcharge in an appeal against a judgment awarding damages in the context of a follow-on action deriving from the EU Commission’s decision fining a cartel of trucks manufacturers (Iveco / Trucks cartel)

On 18 December 2020, a Spanish second-instance court (Audiencia Provincial de Asturias, "APA") issued a ruling partially endorsing an appeal brought by IVECO S.a.P. ("IVECO") against a judgment awarding damages to one of its customers in the context of a follow-on action deriving from the EU Commission's decision in the Trucks case. The court held that the criteria used for quantification of damages were not supported by solid economic evidence and reduced the overcharge from a 20% to 8%. WHAT YOU NEED TO KNOW - KEY TAKEAWAYS According to the APA:

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  • Ashurst (Madrid)

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Rafael Baena, The Spanish Second-Instance Court reduces the overcharge in an appeal against a judgment awarding damages in the context of a follow-on action deriving from the EU Commission’s decision fining a cartel of trucks manufacturers (Iveco / Trucks cartel), 18 December 2020, e-Competitions December 2020, Art. N° 99244

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