The EU Court of Justice confirmes that follow-on damages actions can be brought against subsidiaries of companies found to have infringed EU competition law (Sumal / Mercedes Benz Trucks España)

On 6 October 2021, a preliminary ruling of the Court of Justice of the European Union (“CJEU”) in Sumal confirmed that follow-on damages actions can be brought against subsidiaries of companies found to have infringed EU competition law. This note briefly analyzes the judgment and the implications thereof. Factual background The request for the preliminary ruling was made in connection with follow-on damages actions arising from the European Commission’s (“the Commission”) 2016 trucks cartel decision, which related to alleged collusion regarding the factory prices of trucks and agreements on timing and costs related to emission reduction technologies. Sumal, a Spanish company, sought compensation from Mercedes Benz Trucks España, a subsidiary of Daimler, relating to the

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Miranda Cole, Petros Vinis, Andrés Betancor Jimenez de Parga, The EU Court of Justice confirmes that follow-on damages actions can be brought against subsidiaries of companies found to have infringed EU competition law (Sumal / Mercedes Benz Trucks España), 6 October 2021, e-Competitions October 2021, Art. N° 104117

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