PROCEDURES: UMBRELLA EFFECT – LIABILITY OF PARTICIPANTS IN A CARTEL – CAUSAL LINK

Umbrella effect: The Court of Justice of the European Union considers that participants in a cartel are also liable for damages linked to the circumstance that a non-participant increased prices because of the existence of the cartel (Kone)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The umbrella effect consists, for an undertaking which is not a member of a cartel and which competes with the cartelists, in increasing its own prices in view of the increase in market prices resulting from the existence of the cartel and bringing them to a higher level than would have been found in the absence of the cartel. The cartel of ascensorists (Dec. Com., 21 February 2007, Case COMP/E-1/38.823) had already given rise to a widely commented judgment on the possibility for the Commission to seek compensation for the damage suffered by itself, as a victim of the cartel, while being the author of the

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Alexandre Lacresse, Umbrella effect: The Court of Justice of the European Union considers that participants in a cartel are also liable for damages linked to the circumstance that a non-participant increased prices because of the existence of the cartel (Kone) , 5 June 2014, Concurrences N° 3-2014, Art. N° 68374, pp. 161-162

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