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The Regional Court of Düsseldorf refers questions regarding the licensing of standard essential patents in multi-layered supply chains to the EU Court of Justice (Nokia / Daimler)Your search returned 462 results Preliminary ruling (Art. 267 TFEU)
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On 26 November 2020, the Regional Court of Düsseldorf (“Düsseldorf Court”) decided to request a preliminary ruling from the Court of Justice of the European Union (“ECJ”) in patent infringement proceedings involving Nokia and Daimler. The questions give the ECJ the opportunity to offer guidance on (...)
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The Regional Court of Düsseldorf questions the EU Court of Justice on standard essential patents licensing in supply chains (Nokia / Daimler)In a decision of November 26, 2020 in a patent infringement case of Nokia Technologies Oy against Daimler AG, the Düsseldorf Regional Court (file number 4c O 17/19) referred several questions to the European Court of Justice (ECJ) regarding the licensing of standard essential patents (SEPs) (...) -
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Abuse of dominant position: The Court of Justice of the European Union extends to festivals its permissive case-law allowing collecting societies to impose a scale of royalties calculated on the basis of gross receipts from the sale of admission tickets to discotheques and on the receipts from television broadcasts intended for the general public (SABAM / Weareone.World, Wecandance)On 25 November 2020, the Court of Justice of the Union delivered a judgment in case C-372/19 (SABAM).which follows the reference for a preliminary ruling from the Tribunal de l’entreprise d’Anvers (Antwerp Works Tribunal) concerning the remuneration charged to music festivals by a Belgian (...) -
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The EU Court of Justice rules that the fee structure for music played at festivals adopted by a Belgian collecting society is not abusive (SABAM)On 25 November 2020, the Court of Justice ((“ECJ”) delivered a judgment in Case C-327/19, ruling that the fee structure for music played at festivals adopted by the Belgian collecting society SABAM is not necessarily abusive under Article 102 TFEU. The case came before the ECJ by way of a (...) -
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The EU Court of Justice states that the fee structure for music played at festivals adopted by collecting societies is not necessarily abusive (SABAM)On 25 November 2020, the Court of Justice of the European Union (the CJEU) delivered a judgment in case C-372/19 holding that the fee structure for music played at festivals adopted by collecting societies such as SABAM is not necessarily abusive under Article 102 TFEU. The case had come before (...) -
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Effet utile: The Court of Justice of the European Union rules that the national court is obliged to order the beneficiary to pay interest for the period of illegality of the aid, even if the aid was subsequently declared compatible with the internal market and the beneficiary is an undertaking entrusted with the operation of an SGEI (Viasat Broadcasting UK / TV2/Danmark)On 24 November 2020, the Court of Justice of the European Union delivered a judgment in Case C-445/19 (Viasat Broadcasting UK Ltd v. TV2/Danmark A/S) following a reference for a preliminary ruling by the Court of Appeal of the Eastern Region of Denmark on the financing of public service (...) -
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De minimis ceiling: The Court of Justice of the European Union clarifies the rules applicable to companies exceeding the de minimis ceiling of EUR 200 000 over three years because of cumulation with aid obtained previously (INAIL / Zennaro)On 28 October 2020, the Court of Justice of the European Union delivered a judgment in Case C-608/19 (INAIL) which follows a reference for a preliminary ruling from the Italian Council of State on the interpretation of Articles 3 and 6 of Commission Regulation No 1407/2013 of 18 December 2013 (...) -
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The EU Court of Justice clarifies conditions under which request for de minimis aid can be modified to comply with the ceiling (INAIL / Zennaro)On 28 October 2020, the Court of Justice (“ECJ”) answered a reference for a preliminary ruling from the Consiglio di Stato (Council of State, Italy) concerning the interpretation of Articles 3 and 6 of Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 (...) -
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Environment: The Court of Justice of the European Union, in ruling out, subject to verification, any transfer of State resources, considers that the French system of recycling and treatment of waste from textile products, household linen and shoes should not, in principle, be regarded as State aid (Eco TLC)On 21 October 2020, the Court of Justice of the European Union delivered a judgment in Case C-556/19 (Société Eco TLC v Minister for Ecological and Solidarity Transition) following a reference for a preliminary ruling from the French Conseil d’État. At the heart of the present case is the (...) -
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The EU Court of Justice clarifies the concept of “State resources” concerning financial contributions collected by an authorized private eco-body (Eco TLC)On 21 October 2020, the Court of Justice answered a request for a preliminary ruling made by the French Conseil d’État (“Council of State”), which raised interesting questions with regard to the notion of “State resources” within the meaning of Article 107(1) TFEU. The background of the case (...) -
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Compatible aid: The Court of Justice of the European Union clarifies the qualification of SME within the meaning of the Block Exemption Regulation n° 651/2014, particularly with regard to the independence criterion (NMI Technologietransfer / EuroNorm)On 24 September 2020, the Court of Justice of the European Union delivered a judgment in Case C-516/19 (NMI Technologietransfer GmbH v EuroNorm GmbH).which follows a reference for a preliminary ruling from the Berlin Administrative Court on the definition of small and medium-sized enterprises (...) -
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Notion of SME: The European Court of Justice clarifies the definition of small and medium-sized enterprises within the meaning of the General Block Exemption Regulation, in particular the concept of independence in this context (NMI Technologietransfer / EuroNorm)On 24 September 2020, the Court of Justice delivered a preliminary ruling (on a reference from the Berlin Administrative Court) on the definition of small and medium-sized enterprises ("SMEs") within the meaning of Article 3(4) of Annex I to Regulation No 651/2014 declaring certain categories (...) -
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The EU Court of Justice declares invalid a Commission decision penalizing France for State aid (Ministre de l’Agriculture et de l’Alimentation / Compagnie des pêches de Saint-Malo)Seized with an interpretation request concerning the arrangements for implementing a Commission decision penalising France for State Aid declared incompatible with the common market, the Court of Justice rules that the decision is invalid* The Commission erred in law in considering that the (...) -
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Advantage: The Court of Justice of the European Union considers, with regard to the measures in favour of fishermen in Western France, that the condition of the existence of an advantage conferred on an undertaking was lacking and that the European Commission could not classify as State aid the measure of reduction of wage costs, passed on to employees (Compagnie des pêches de Saint-Malo)On 17 September 2020, the Court of Justice of the European Union delivered its judgment in Case C-212/19 (Minister for Agriculture and Food v. Compagnie des pêches de Saint-Malo) on the reference for a preliminary ruling from the French Conseil d’État on the interpretation of the Commission (...) -
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The EU Court of Justice clarifies some aspects of State aid related to social security contributions (Ministre de l’Agriculture et de l’Alimentation / Compagnie de pêche de Saint-Malo)On 17 September 2020, the Court of Justice (the “ECJ” or “Court”) answered several questions raised by a request for a preliminary ruling from the French Conseil d’État, with regard to the interpretation of Commission Decision 2005/239/EC (the “Decision at issue”). This Decision concerned certain aid (...) -
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Electricity: The Court of Justice of the European Union rules that legislation requiring national electricity producers to offer all the electricity available on the platforms managed by the sole operator designated for the exchange services of the national electricity market is incompatible with the Treaty (ANRE)By judgment of 17 September 2020, the Court of Justice of the European Union considers that Romanian legislation interpreted by the regulatory authority as requiring national electricity producers to offer all the electricity available on the hubs operated by the sole operator designated for (...) -
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Competence: The Court of Justice of the European Union rules that the Spanish National Commission for Markets and Competition does not have the status of a ’court’ and therefore cannot submit a request for a preliminary ruling (Anesco)On 16 September 2020, the Court of Justice of the European Union ruled again on the question of the status of "court or tribunal" within the meaning of Article 267 TFEU of an entity which has submitted a reference for a preliminary ruling to the Court of Justice of the European Union. Case (...) -
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The EU Court of Justice holds the preliminary ruling of the Spanish Competition Authority inadmissible due to the fact that the Competition Authority is not a ‘court or tribunal’ for the purpose of Article 267 TFEU (Anesco)National Competition Authorities and Article 267 TFEU: the ECJ’s take on the referral by the Spanish Commission on Markets and Competition and its implications* Introduction and summary In the recent Anesco case, the ECJ held the preliminary request of the Spanish National Commission on (...) -
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The EU Court of Justice holds that the Spanish Competition Authority cannot be characterized as a "court or tribunal" (Anesco)On 16 September 2020, the Court of Justice of the European Union (the “ECJ”) delivered a judgment in which it ruled on the status of “court or tribunal” within the meaning of Article 267 Treaty on the Functioning of the European Union of a body which has submitted a reference for a preliminary (...) -
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Preliminary ruling: The Court of Justice of the European Union considers to be inadmissible a request for a preliminary ruling from the Spanish Competition Authority (Anesco)Whatever the importance of a question referred for a preliminary ruling, the Court will only examine it if it comes from a ’court or tribunal of a Member State’ within the meaning of Article 267 TFEU. In the present case, the importance of the question referred to the Court in the Anesco case is (...) -
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The EU Court of Justice addresses how incompatibility with net neutrality shall be assessed under the relevant legislation regarding open internet access (Telenor Magyarország / Nemzeti Média- és Hírközlési Hatóság Elnöke)The Court of Justice of the European Union (“ CJEU ”), in its recent decision with regard to the two joint cases (C‐807/18 and C‐39/19) brought before it for preliminary ruling, addressed how incompatibility with net neutrality shall be assessed under the relevant legislation regarding open (...) -
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The EU Court of Justice receives a request for preliminary ruling on restrictions for high-quality products regarding the block exemption regulation (Visma)A selective distribution system consists of a supplier selecting distributors based on specific, pre-determined criteria while committing to sell the products or services in question only to selected distributors. These distributors commit not to sell such products or services to unauthorised (...) -
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The EU Court of Justice Advocate General Saugmandsgaard Øe considers that the special jurisdiction rule for tort disputes under Brussels I Bis applies to civil liability actions based on an infringement of competition law (Wikingerhof)On 10 September 2020, Advocate General Saugmandsgaard Øe rendered his non-binding opinion in the context of a preliminary reference request from the German Federal Court of Justice on the interpretation of Article 7(2) of Regulation 1215/2012 (“Brussels I Bis”). This Article provides that in (...) -
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The EU Court of Justice rules that a restriction imposed by Italian law on acquisitions in the broadcasting and audiovisual sectors is contrary to EU Law (Vivendi / Mediaset)On 3 September 2020, the European Court of Justice ("ECJ") ruled that a restriction imposed by an Italian law on acquisitions in the broadcasting and audiovisual sectors is contrary to the fundamental EU law principle of the freedom of establishment enshrined in Article 49 of the Treaty on the (...) -
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The Italian Supreme Administrative Court refers to the EU Court of Justice questions concerning the interpretation and application of Art. 102 TFEU following an abuse of dominance in the electricity market (Enel)On 20 July, the Italian Supreme Administrative Court (Consiglio di Stato, CDS) referred to the Court of Justice (CJ) several questions concerning the interpretation and application of Article 102 TFEU. In the context of the dispute following the Italian Competition Authority’s decision to (...) -
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The EU Court of Justice receives a request for preliminary ruling from the Léon Court of Appeal on the temporal application of the damages directive provisions on limitation and quantification of harm (Volvo / DAF Trucks)In the aftermath of Directive 2014/104/EU (Directive), Spain appears to be one of the most active jurisdictions dealing with antitrust damages cases. In particular, a multitude of Spanish courts have been seized with actions for compensation in relation to the European Trucks Cartel (Case (...) -
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A Spanish Regional Court requests a preliminary ruling on the possibility of the retroactive application of the provisions concerning the period of limitation to bring damages action (Volvo / Trucks)The application of the transitional regime of the Damages Directive (No. 2014/104), of 26 November 2014, has created legal uncertainty regarding the statute of limitations of damages claims. On 12 June 2020, the Regional Court of León referred questions to the European Court of Justice (ECJ) (...) -
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The Spanish Competition Authority identifies competition problems in the fifth stowage market’s framework agreement in the port state sectorSince the European Court of Justice ("ECJ") judgment in 2014 in case Commission v. Spain (C-576/13), which declared the Spanish regime for stevedores incompatible with the freedom of establishment, there has been a progressive modification of the national regulation in order to liberalise the (...) -
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The German Federal Supreme Court rules that the European Central Bank should have explicitly considered whether there was an appropriate balance between the monetary policy effects of the Public Sector Purchase Programme and the economic effects, and the ruling denies the primacy of EU law over the German Basic Law (Dr. W... a.e.)On 5 May 2020, the German Federal Constitutional Court sitting in Karlsruhe adopted its Dr. W... e.a. ruling by seven votes to one which results in a genuine declaration of war at the Court of Justice of the European Union. Dr. W… e.a. denies the primacy of EU law over the German Basic Law and (...) -
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The EU Court of Justice confirms the limitations that apply before courts are able to classify anticompetitive agreements as a restriction of competition by object under Art 101 TFEU in a multilateral interchange fee credit card transaction (Budapest Bank)On 2 April 2020, the European Court of Justice ("ECJ") delivered its judgment in Budapest Bank on a reference for a preliminary ruling from Hungary’s highest court. The judgment confirms the important limitations that apply before competition authorities and courts are able classify (...) -
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The EU Court of Justice emphasises the need for a case and context-specific evaluation of ’by object’ restrictions and provides guidance on what sort of evidence is relevant, in a multilateral interchange fee credit card transaction (Budapest Bank)I. Introduction On 2 April 2020, the Court of Justice of the European Union ("CJEU") delivered its judgment in Budapest Bank, another key ruling on the assessment of 'by object' restrictions of competition within the meaning of Article 101(1) TFEU. With this judgment, the (...) -
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The EU Court of Justice ascertains whether the multilateral interchange fee set by the banks for credit card transactions with a merchant pursued no objective other than a simple price increase (Budapest Bank)On 2 April 2020, the Court of Justice of the European Union (the “Court of Justice”) delivered a preliminary ruling in which it provided clarifications and guidance to the Kúria (Supreme Court of Hungary) on the distinction between restrictions of competition “by object” and “by effect” under (...) -
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The EU Court of Justice finds, following a preliminary reference, that certain interchange fees imposed by a bank payable on cross-border card transaction within the EEA are anticompetitive (Budapest Bank)On 2 April, the European Court of Justice (“CJEU”) issued a judgment arising from a preliminary reference from the Hungarian Supreme Court concerning a 2009 decision by the Hungarian Competition Authority against Visa Europe Ltd (“Visa”), MasterCard Europe SA (“MasterCard”) and a number of (...) -
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The Austrian Supreme Cartel Court requests preliminary ruling from the EU Court of Justice concerning territorial agreements in connection with the sale of industrial sugar (Zuckercartell)Supreme Cartel Court submits questions to European Court of Justice in the appeals procedure concerning territorial agreements in connection with the sale of industrial sugar* In the cartel case on territorial agreements in connection with the sale of industrial sugar, Vienna Higher Regional (...) -
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The EU Court of Justice confirms a strict interpretation of the notion of infringement by object (Budapest Bank)On April 2020, the CJEU rendered its ruling in Budapest Bank on a request for a preliminary ruling from Hungary’s highest court. The CJEU provides clear guidance on the concept of restriction of competition by object and its practical application by courts and national competition authorities. (...) -
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Electricity: The Court of Justice of the European Union specifies the legal nature of interconnector and applicable rules to congestion rents (Baltic Cable / Energimarknadsinspektionen)A subsidiary of the Norwegian energy company Statkraft, the Swedish company Baltic Cable has operated since 1994 a cross-border interconnector linking the German and Swedish electricity transmission networks. The operation of this 600 MW DC submarine facility is the sole activity of Baltic (...) -
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The EU Court of Justice rules on a preliminary ruling request regarding the Hungarian turnover taxes in the telecoms sector (Vodafone / Tesco / Google)* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...) -
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The EU Court of Justice clarifies the conditions in which a legal person liable to pay a tax can plead its incompatibility with the EU State aid rules before a national court (Vodafone Magyarország Mobil)On 3 March 2020, the Grand Chamber of the Court of Justice (the “ECJ”) delivered another judgment in the field of taxation and State aid (Vodafone Magyarország Mobil Távközlési Zrt., C-75/18). While this judgment does not substantially develop the case law in this field, it contains useful (...) -
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Electronic communications: The Court of Justice of the European Union specifies the concept of provision of an electronic communications network (TV Play Baltic)The Court of Justice of the European Union (CJEU) has clarified the concept of electronic communications network provision in a preliminary ruling on 11 December 2019. This decision is in line with the France Télévisions decision handed down one year earlier (CJEU, 13 Dec. 2018, France (...) -
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2020 Competition Case Law Digest - A Synthesis of EU, US and National Leading Cases Arbitration and Competition Law: A Mixed-Motive Game?249 Arbitration and Competition Law: A Mixed-Motive Game? C hristi An B oVet (geneva law school) christian.bovet@unige.ch i. introduction since the Mitsubishi judgment, 1 the arbitrability of antitrust cases has become a standard admitted in most–if not all–jurisdictions. 2 A great number of (...) -
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2020 Competition Case Law Digest - A Synthesis of EU, US and National Leading Cases Amicus Curiae257 Amicus Curiae: An Overview of EU and National Case Law g eorges V AllindAs Court of justice of the eU (luxembourg) i. introduction Amicus Curiae, an expression whose first known use is dated in the early 17th century, 1 stands for “friend of the court,” that is to say, in general, someone who (...) -
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The EU Court of Justice clarifies the conditions under which ‘pay-for-delay’ agreements preventing generic versions of a patented medicine from entering the market or delaying such entry may constitute a restriction of competition ‘by object’ or ‘by effect” as well as an abuse of dominant position (Generics)On 30 January 2020, the Court of Justice of the EU (‘CJEU’) ruled on the applicability of competition law to settlement agreements between a holder of a pharmaceutical patent and manufacturers of generic medicines. In a judgment issued only a week after Advocate General Kokott delivered her (...) -
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Restriction by object: The Court of Justice of the European Union clarifies the conditions for a pay-for-delay agreement to be qualified as a restriction of competition by object following a preliminary ruling request of the Competition Appeal Tribunal (Generics - UK, GlaxoSmithKline, Xellia Pharmaceuticals...)The much-awaited judgment of the Fourth Chamber of the Court of Justice of 30 January in response to the questions referred by the Competition Appeal Tribunal [CAT] is already seen, together with thejudgment of 2 April 2020 in Case C-228/18 (Budapest Bank), as bringing, in a very timely (...) -
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The EU Court of Justice clarifies the conditions for a pay-for-delay agreement to be qualified as a restriction of competition by object (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)On 30 January 2020 (case C-307/18), the European Court of Justice ("ECJ") issued a preliminary ruling that sheds more light on the circumstances in which an agreement settling a patent dispute between a pharmaceutical patent holder and a company intending to launch a competing generic product (...) -
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The EU Court of Justice provides guidance on patent settlements between manufacturers of originator and generic medicines (Generics - UK)On 30 January 2020, the European Court of Justice released its judgment relating to a patent dispute between the pharmaceutical patent-holder, GlaxoSmithKline (GSK), and a generic drug maker concluding that originators and generics are in fact “potential competitors” if the generic drugmaker has (...) -
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The Madrid Commercial Court requests a preliminary ruling to the EU Court of Justice concerning the international competence of the court which was contested by the defendants (RH / AB Volvo)Choice of forum delicti in EU-wide cartel damages cases (C-30/20, RH vs Volvo) Does Art. 7(2) Brussels I bis determine territorial jurisdiction within the EU Member States, Madrid Commercial Court asks EU Court of Justice. The request for a preliminary ruling from the Madrid Commercial Court (...) -
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The EU Court of Justice confirms that a company does not necessarily insulate from State aid if it enjoys exclusive rights and operates in a sector covered by a legal monopoly (Arriva Italia)* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...) -
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The EU Court of Justice rules that a public body indirectly affected by a cartel can claim compensation for losses resulting from an antitrust infringement (Otis)On 12 December 2019, the Court of Justice of the European Union (“ECJ”) delivered a judgment on a request for a preliminary ruling from the Austrian Supreme Court (C-435/18, Otis and Others v. Land Oberösterreich and Others). The request was made in the context of a compensation claim brought by (...) -
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The EU Court of Justice clarifies the eligibility requirements of claims for indirect damages caused by a violation of Art. 101 TFEU (Otis / Land Oberösterreich)The parties Otis GmbH, is an Austria based manufacturer and provider of maintenance services for elevators and escalators. Taken over in 1969, they are now a subsidiary of the American Otis Elevator Company Corp. Schindler (Schindler Liegenschaftsverwaltung GmbH and Schindler Aufzüge und (...) -
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The EU Court of Justice clarifies that a public body granting promotional loans to the purchaser of products covered by a cartel is entitled to claim damages for loss caused by the cartel (Otis / Land Oberösterreich)On 12 December 2019, the European Court of Justice ("ECJ") provided important clarification, holding that Article 101 TFEU must be interpreted as meaning that a public body which granted promotional loans to purchasers of products covered by a cartel are entitled to claim damages for loss (...)
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