ECJ Rules On Elevator Cartel

All victims with causally-connected damages can claim damages from cartel infringers

In its December, 2019 decision (C-435/18), the ECJ followed the opinion of Advocate General Kokott and held that damages claims against cartelists are not limited to suppliers and customers on the affected market.

"Any loss which has a causal connection" can be claimed by anyone suffering such loss, regardless of its activity on the affected or downstream market. This includes, in this case, public funders who had suffered a loss because low-interest loans it had granted were greater in volume than if the cartel had not existed, detracting from the public funder's ability to use the funds elsewhere more profitably.