Private enforcement in Europe after Sumal

In 2021, the European Court of Justice handed down an important judgment on private enforcement in Europe. It held that a claimant for damages in a cartel action can sue the subsidiary of the offender. In reaching this conclusion, the Court relied on the concept of undertaking, as developed by its case law on public enforcement. As long as the subsidiary and its parent company are engaged in the same economic activity, the concept of undertaking allows to summon any of the entities making up the undertaking. The judgment raises many questions for the future and touches upon sensitive procedural and international issues.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Introduction David Bosco Professor, Aix-Marseille University, Director, Center for Economic Law (UR 4224) 1. The work of jurists implies an incessant back and forth from the intellectual constructions that make up the legal order to the concrete results to which they lead. Concepts, theories and legal principles do not have value in themselves. They are tools at the service of justice. Let us not stand before them like vestals around the sacred fire. We must always submit our concepts to the test of the services they render us. Now, after the Sumal ruling, [1] the jurist is confronted with the fact that a concept that competition law has forged for a

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David Bosco, Niklas Brueggemann, Mercedes Pedraz Calvo, Marion Provost, Mélanie Thill-Tayara, Laurence Idot, Private enforcement in Europe after Sumal, February 2022, Concurrences N° 1-2022, Art. N° 105291, pp. 28-50

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