Advocate General Kokott stated that the law of the European Union precludes the interpretation and application of domestic legislation enacted by a Member State which categorically excludes any civil liability of undertakings belonging to a cartel for loss resulting from the fact that an undertaking not party to the cartel, benefiting from the protection of the cartel’s practices, set its prices higher than would otherwise have been expected under competitive conditions (KONE AG and others) 1. In 2007, the European Commission sanctioned several companies of the “elevator cartel” for violations of competition rules regarding the installation and maintenance of elevators and escalators in Belgium, Germany, Luxembourg and the Netherlands. The Commission decision was confirmed by the Court
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The AG Kokott of the EU Court of Justice states that the law of the EU precludes domestic legislation which categorically excludes any civil liability of undertakings belonging to a cartel for umbrella damages (Kone)
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