The European Court of Justice rules that national law may not a priori exclude claims against cartel participants for the compensation of the loss caused by the “umbrella effect” of the cartel (Kone)

I. The Parties The Austrian elevator cartel: In October 2008, the Austrian Supreme Court (“Oberster Gerichtshof”) approved the Austrian Cartel Court’s imposition of fines on five companies in the Austrian elevator industry (Schindler was fined € 25 million, Kone € 22.5 million, Otis € 18.2 million, Haushahn € 6 million and Doppelmayr € 3.7 million). The concerned undertakings ran a cartel in Austria for over eighteen years. ÖBB-Infrastruktur AG (“ÖBB”): is a subsidiary of the Austrian Federal Railways (Österreichische Bundesbahnen) and as such is responsible for the construction and maintenance of railway stations through Austria. ÖBB is an important customer on the Austrian market for elevators and escalators. II. The Facts The ruling arises as a result of a preliminary reference from the

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Norman Neyrinck, Juan Navas Glembotzky, The European Court of Justice rules that national law may not a priori exclude claims against cartel participants for the compensation of the loss caused by the “umbrella effect” of the cartel (Kone), 5 June 2014, e-Competitions Bulletin June 2014, Art. N° 68713

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