The EU Court of Justice clarifies the binding effect of national competition authorities’ findings and the burden of proof in private damages claims (Repsol)

Private enforcement actions practice have been on the rise these last years. With increasing jurisprudence on the subject, successful cartel detection tools, and a stronger practical knowledge in this regard through key judgments, plaintiffs seek damages from anti-competitive behaviours in more and more jurisdictions. On the 20th April 2023, the Court of Justice of the European Union (referred as the “Court”) has handed down an additional judgement on the subject with the question of the binding effect of competition authorities’ decision in front of national courts, and clarifies the ratione materiae and ratione temporis scope of Directive 2014/104 (Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 on certain rules governing actions for damages