CASE COMMENTS: EUROPEAN AND INTERNATIONAL LAW - FOLLOW-ON ACTION - PRESUMPTION OF HARM

Spain: The Spanish Commercial Court of Bilbao grants damages equivalent to 15% of the purchase price in a follow-on claim based on the European Commission decision in the truck cartel case (CNH Industrial NV, Iveco)

Based on the European Commission Decision in the truck cartel case (Case AT.39824 — Trucks), a Commercial Court of Bilbao has awarded damages to an unnamed claimant who had bought 17 trucks in the period of the cartel from CNH INDUSTRIAL NV and IVECO S.P.A. which were among the companies fined in the said Decision. To determine the particular amount of the damages awarded, the Court had recourse to the power of national courts, established in Article 17(1) of the Damages Directive (Directive 2014/104/EU), to estimate the amount of harm if it is established that a claimant suffered harm but it is practically impossible or excessively difficult precisely to quantify the harm suffered on the basis of the evidence available. This power has been transposed into a new Article 76(2) of the

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Paloma Martínez-Lage Sobredo, Spain: The Spanish Commercial Court of Bilbao grants damages equivalent to 15% of the purchase price in a follow-on claim based on the European Commission decision in the truck cartel case (CNH Industrial NV, Iveco), 3 April 2019, Concurrences N° 3-2019, Art. N° 91285, pp. 202-203

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