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In the Sumal judgment the ECJ clearly confirms that liability for antitrust damages within an undertaking can just as well extend downwards (to subsidiaries) as upwards (to parent companies). Stefan Tuinenga wrote an article about this seminal judgment in the Journal of European Competition Law and Practice. You can read the article here.
28 November 2024 - News
On 6 November 2024, the Amsterdam District Court ruled on the methodology to be used for the damage calculation in follow-on claims of indirect purchasers from the air cargo cartel.
Read more13 November 2024 - Insights
Milieudefensie et al. claimed that Shell has a societal duty of care to reduce its emissions by 2030 with 45% compared to 2019. In first instance the District Court of The Hague ruled in favor of Milieudefensie et al. The Court of Appeal overturned the District Court’s decision and rejected the claims.
Read more5 November 2024 - Insights
AG Szpunar confirms in an opinion for the ECJ that the right for injured parties of a competition law infringement to assign their claims to a litigation vehicle for the purpose of starting damages proceedings follows directly from the cartel prohibition of Article 101 TFEU. Moreover, national rules that make the assignment of antitrust damages claims impossible or excessively difficult should be disapplied.
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