The Dutch Arnhem-Leeuwarden Appeal Court accepts the passing-on defence in landmark case (ABB)

Cartel members are not liable in damages to direct customers for any portion of the overcharge that the customer has passed on to its own purchasers. In brief Private enforcement has been high on the agenda of the European Commission throughout the five year term ending 31 October 2014, as it tried to improve the legal framework for antitrust damages actions. The Netherlands has proven to be one of the main jurisdictions with a high concentration of actions for damages initiated against cartel members by customers. A Dutch appeal court has now acknowledged in a landmark

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Authors

  • Simmons & Simmons (Brussels)
  • Simmons & Simmons (Brussels)
  • Simmons & Simmons (Amsterdam)

Quotation

Koen Platteau, Geneviève Borremans, Johan Polet, The Dutch Arnhem-Leeuwarden Appeal Court accepts the passing-on defence in landmark case (ABB), 2 September 2009, e-Competitions September 2009, Art. N° 77255

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