The East Netherlands District Court establishes liability for damages in follow-on gas insulated switchgear case (Tennet TSO / ABB)

Introduction The Dutch District Court Oost-Nederland ruled on the liability for damages in a Dutch follow-on case sought after the European Commission established a cartel infringement in its ‘gas insulated switchgear’ Decision. In its ruling the District Court also considered the applicability of the ‘passing-on’ defence and of the statute of limitations invoked by the defendants. Facts of the case Tennet TSO B.V. (hereinafter “Tennet”) is a Dutch electricity company who filed a damages claim against three undertakings belonging to the ABB-group (including ABB B.V., ABB Holdings B.V. and ABB Ltd.). Tennet claimed it had suffered a loss as a result of an overcharge on its purchase of a gas

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  • Smeets Van Empel advocaten (Amsterdam)

Quotation

Loes Brekhof, The East Netherlands District Court establishes liability for damages in follow-on gas insulated switchgear case (Tennet TSO / ABB), 16 January 2013, e-Competitions Bulletin January 2013, Art. N° 57290

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