The EU Court of Justice holds that national rules on limitation of antitrust damages claims may violate the principle of effectiveness (Cogeco)

The European Court of Justice in Cogeco rejects a direct effect of the Damages Directive in the pre-implementation phase, but establishes that the principle of effectiveness may itself render national rules on limitation of antitrust damages claims ineffective. The European Court of Justice ('ECJ') issued another landmark decision in the field of private enforcement on 28 March 2019 in the Cogeco matter (C-637/17). The judgement deals with the potential direct effect of Directive 2014/104/EU, the 'Damages Directive', as well as the principle of effectiveness as regards national provisions on limitation. The case is rooted in Portuguese law and in particular Portuguese rules on limitation before the Damages Directive had been implemented into respective national law. The

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Authors

  • Hogan Lovells (Munich)
  • Hogan Lovells (Munich)

Quotation

Carolin Marx, Judith Solzbach, The EU Court of Justice holds that national rules on limitation of antitrust damages claims may violate the principle of effectiveness (Cogeco), 28 March 2019, e-Competitions Bulletin March 2019, Art. N° 90719

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