The EU Court of Justice makes a clear distinction between cartel’s restrictive effects on competition and its damaging effects (Kilpailu- ja kuluttajavirasto)

By judgement on the 14th of January 2021 in Case C-450/19, Kilpailu- ja kuluttajavirasto (‘Judgment’), the Court of Justice of the European Union (‘CJEU’) stated that an infringement of Art. 101 TFEU in bid-rigging cases ends with the conclusion of the works, goods or services contract. To reach this conclusion, the CJEU made a distinction between the practices distorting competition and their damaging effects. Although related to public enforcement, the Judgment provides interesting guidelines regarding damage claims. It appears from the judgment that: (i) the EU right to full compensation encompasses harm which materializes after the infringement of Art. 101 TFEU has ended (i.e. lingering or after-effects), (ii) the damaging effects are primarily relevant for limitation periods, not

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  • CDC Cartel Damage Claims (Brussels)
  • CDC Cartel Damage Claims (Brussels)

Quotation

Juraj Siska, Vasil Savov, The EU Court of Justice makes a clear distinction between cartel’s restrictive effects on competition and its damaging effects (Kilpailu- ja kuluttajavirasto), 14 January 2021, e-Competitions January 2021, Art. N° 99171

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