On 8 July 2016, the Dutch Supreme Court (“the Court”) handed down a judgment upholding the availability of the passing-on defense in private enforcement litigation. The ruling resulted from a civil claim for damages brought by the electricity company TenneT against the gas-insulated switchgear (“GIS”) manufacturer ABB. In 2007, the European Commission imposed a fine on ABB for its participation in the GIS cartel. Following the Commission decision, TenneT brought an action for damages and claimed that due
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