The EU Court of Justice holds that the principles applied in order to determine the relevant entities for liability for fines should also be applied to determine the relevant entities liable for damages under private damages claims (Vantaan kaupunki / Skanska)

In a preliminary ruling request made by the Finnish Supreme Court on the question of the relevant entities liable for damages, the Court of Justice of the EU (CJEU) held that principles applied in order to determine the relevant entities for liability for fines under Articles 101 and 102 TFEU (and in particular the successor liability principle) should also be applied to determine the relevant entities liable for damages under private damages claims. The CJEU held that the determination of the entity that may be held liable for compensation is governed by the definition of "undertaking" under EU law, as the right to claim damages for breach of the competition rules is an integral part of the enforcement of EU competition law. The CJEU therefore held that in a case like this case,

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Kyriakos Fountoukakos, Kristien Geeurickx, Stephen Wisking, The EU Court of Justice holds that the principles applied in order to determine the relevant entities for liability for fines should also be applied to determine the relevant entities liable for damages under private damages claims (Vantaan kaupunki / Skanska), 14 March 2019, e-Competitions March 2019, Art. N° 93540

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