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ARTICLE · 17 JUNE 2014

Focus Antitrust - 11 June 2014

Charles Russell Speechlys LLP
Charles Russell Speechlys LLP
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Charles Russell Speechlys LLP

Charles Russell Speechlys LLP

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The ECJ has delivered its ruling on a reference which questioned whether cartel members can be held liable for damages arising from umbrella pricing.

United KingdomAntitrust/Competition Law
Paul Stone
Paul Stone
Elora Mukherjee
Elora Mukherjee

In the News

ECJ rules that cartel members can be liable for damages arising from umbrella Pricing

The ECJ has delivered its ruling on a reference from an Austrian court which questioned whether cartel members can be held liable for damages arising from umbrella pricing (that is, the fact that companies who were not part of the cartel charged higher prices than they would have done in the absence of the cartel). The ECJ considered that, under Article 101 TFEU, domestic law cannot categorically exclude any civil liability of cartel members for umbrella pricing. Therefore, a victim of umbrella pricing may obtain compensation from the cartel members, despite not having contractual links with them, where it is established that the cartel was likely to give rise to the effects of umbrella pricing and that this fact could not be ignored by the cartel members. Click here.

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