The EU Court of Justice clarifies, in a preliminary ruling concerning an asphalt cartel, who is liable to pay compensation in a damages action arising from article 101 TFEU (Skanska Industrial Solutions)

Court of Justice ruling in Skanska: EU competition law concept of ‘undertakings’ and principle of economic continuity to the rescue in civil damages claims* In its preliminary ruling in Skanska Industrial Solutions and Others, the Court of Justice has ruled on the fundamental question of who is liable to pay compensation in an action for damages for breach of Article 101 TFEU. Is the answer to be found in EU law or national law? Can the person liable to pay compensation in civil national proceedings be different from the person fined in public enforcement proceedings under EU competition law. What if the national law where the civil proceedings are taking place does not recognise the right to claim damages against entities other than the legal person having caused the harm? The ruling

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Chantal Lavoie, The EU Court of Justice clarifies, in a preliminary ruling concerning an asphalt cartel, who is liable to pay compensation in a damages action arising from article 101 TFEU (Skanska Industrial Solutions), 14 March 2019, e-Competitions March 2019, Art. N° 90219

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