EFTA Court Judgment On Limitation Period For Damages Claims

On 17 September 2018, the Court of Justice of the European Free Trade Association States (the "EFTA Court") handed down its judgment in Nye Kystlink AS v. Color Group AS and Color Line, Case E-10/17, answering preliminary questions asked by Norway's Borgarting Court of Appeal (Borgarting lagmannsrett), in a case concerning the limitation period for bringing damages claims subsequent to a competition law infringement decision imposed under Articles 53 and 54 of the European Economic Area Agreement ("EEA"), the corresponding provisions of Articles 101 and 102 TFEU.

In 2005, Kystlink AS, a Norwegian ferry company, brought to the attention of the Norwegian Competition Authority the existence of an alleged anti-competitive exclusivity agreement between one of its competitors, Color Line, and the Municipality of Strömstad. Due to cross-border implications, the Norwegian Competition Authority referred the case to the EFTA Surveillance Authority ("ESA"). On 14 December 2011,