The Elevator Cartel And The ECJ II: Casting A Wider Net Of Private Enforcement

How far-reaching is the concept that "any person" who suffered cartel-related damages is entitled to claim compensation? Can public institutions who subsidized market participants also recover their losses from the cartel members? The Austrian Supreme Court asks the European Court of Justice (ECJ) for clarification.

ELEVATOR CARTEL

Civil liability cases stemming from the so-called elevator cartel (Aufzugskartell), arising out of bid rigging by Kone, Schindler, Otis and Thyssenkrupp, have been occupying the Austrian courts since 2007, when the European Commission levied a EUR 990 million fine against the cartel members.

2014 KONE DECISION ON UMBRELLA PRICING – FEDERAL RAILWAYS