The Dutch District Court of Gelderland dismisses a company’s passing-on defence in private enforcement litigation (ABB / TenneT)

On 29 March 2017, the District Court of Gelderland (the “Court”) dismissed a passing-on defence put forward by the Swiss technology company ABB in a cartel damages case initiated by the Dutch network grid operator TenneT. TenneT claimed that it had incurred damages as a result of higher prices paid for ABB’s cartelised gas-insulated switchgears (“GIS”). The Court dismissed ABB’s passing-on defence on the basis of the principle of effectiveness even though it assumed that pass-on had taken place. This case had been referred to the Court for the quantification of the damages following judgments delivered by the

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  • Van Bael & Bellis (Brussels)

Quotation

Martin Favart, The Dutch District Court of Gelderland dismisses a company’s passing-on defence in private enforcement litigation (ABB / TenneT), 29 March 2017, e-Competitions Bulletin March 2017, Art. N° 83826

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