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

Cole, Miranda; Vinis, Petros; Betancor Jimenez de Parga , Andrés

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6 Oct 2021

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

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Reference

EU Court of Justice, Sumal / Mercedes Benz Trucks España, Case No. C-882/19, 6 October 2021

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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Authors

Miranda Cole
Norton Rose Fulbright (Brussels)

United Kingdom 26 contributions 22448 visits
Petros Vinis
Covington & Burling (Brussels)

Belgium 2 contributions 562 visits
Andrés Betancor Jimenez de Parga
Freshfields Bruckhaus Deringer (Brussels)

Belgium 2 contributions 589 visits

Quotation

Miranda Cole, Petros Vinis, Andrés Betancor Jimenez de Parga, The EU Court of Justice confirms 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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