In its second edition, this study reveals that courts in Europe have handed down judgments in at least 98 cartel damages claims. These cases come from 12 countries, and they relate to more than 45 cartels. Courts have given in these judgments a wealth of insights on how to assess cartel overcharges.
1. A comprehensive review of judgments handed down by national courts on cartel damages claims was carried out for the first time last year. With the assistance of lawyers and law professors in thirty European countries, this research has been updated and extended in the summer 2017. This article is presenting the results of this second edition.
2. In the early days of private enforcement in Europe, claimants and defendants were confronted with a high level of uncertainty. There were few judgments that they could refer to. How courts would assess cartel damages was largely unknown. This study is showing that the situation has changed. Courts in Europe have handed down judgments on the merits in at least 98 cartel damages claims. More than 40 such judgments have been rendered since