The EU Court of Justice confirms compensation for victims of umbrella pricing in its preliminary ruling following a cartel in the elevators market (Kone)

The Court of Justice confirms the general principle that “umbrella pricing” victims may obtain compensation from the members of a cartel even if there is no contractual relationship with them (Judgment 5 June 2014, Case C-557/12). Facts of the case before the Austrian civil courts In 2007, both the Commission and the Austrian Competition Authority imposed fines upon several companies (including Kone, Otis and Schindler) for cartels related to the installation and maintenance of elevators and escalators in Belgium, Germany, Luxembourg, Netherlands and Austria. The cartel sought to guarantee for its members a price higher than that which they could have expected under normal competitive conditions. ÖBB-Infrastruktur AG (ÖBB), a subsidiary of Austrian Federal Railways in charge of the

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Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen, The EU Court of Justice confirms compensation for victims of umbrella pricing in its preliminary ruling following a cartel in the elevators market (Kone), 5 June 2014, e-Competitions June 2014, Art. N° 96068

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