The Dutch Court of Appeal dismisses claimant’s appeal in follow-on cartel damages claim in relation to the elevators and escalators cartel (East West Debt)

Introduction In 2007, the EC imposed fines on several international elevators and escalators (hereafter: “lift”) companies for a violation of Article 81 of the EC Treaty (now Article 101 TFEU). Following the EC decision, follow-on claims have been launched in both Belgium and in the Netherlands. Among other claim vehicles, East West Debt (“EWD”) initiated follow-on proceedings against the lift manufacturers and some of their subsidiaries in the Netherlands. EWD’s claim is based on the EC’s decision that the companies are liable for a competition law infringement on the Dutch lift market. In connection with its claim, EWD had been assigned – and subsequently bundled – claims of health care organizations, such as hospitals, that purchased goods and services from the lift manufacturers. In