The EU Court of Justice rules that the concept of undertaking and the principle of economic continuity apply in private enforcements cases as in public enforcement proceedings (Vantaan kaupunki / Skanska Industrial Solutions)

Introduction The European Court of Justice (“ECJ”) issued a landmark decision on 14 March 2019 concerning the application of the concept of “undertaking” and the principle of economic continuity to cartel damages claims. The ECJ ruled in its Skanska judgement that the broad interpretation of the concept of 'undertaking' pursuant to Art. 101 TFEU applies not only to public enforcement proceedings, but – at least in cases of legal successorship – also the question of liability for damages in private enforcement cases. Accordingly, the legal successor of an undertaking is, under certain conditions, liable for the damages caused by an infringement of an acquired and subsequently liquidated undertaking. This is the first time the ECJ has taken a stance on applying the principle of economic

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Authors

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

Quotation

Carolin Marx, Judith Solzbach, The EU Court of Justice rules that the concept of undertaking and the principle of economic continuity apply in private enforcements cases as in public enforcement proceedings (Vantaan kaupunki / Skanska Industrial Solutions), 14 March 2019, e-Competitions Bulletin March 2019, Art. N° 90399

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