followon

Applicable law in follow-on competition cases. Dutch Supreme Court refers to CJEU on the issue of continued infringement, with side role for Rome II. – Go Health Pro

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Applicable law in follow-on competition cases. Dutch Supreme Court refers to CJEU on the issue of continued infringement, with side role for Rome II. – Go Health Pro

I discussed Vlas AG (at the Dutch Supreme Court)’s opinion in the Air Cargo case here. The Dutch Supreme Court today has decided to refer to the CJEU. The specific questions referred, concern the (effet utile of) the EU’s rules on effective enforcement of EU competition law and the qualification of continuous infringement of competition … Read more

Truck cartel. Dutch Supreme Court minded to refer to the CJEU on Rome II’s applicable law rules for follow-on damages claims in competition law infringement. – Go Health Pro

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Truck cartel. Dutch Supreme Court minded to refer to the CJEU on Rome II’s applicable law rules for follow-on damages claims in competition law infringement. – Go Health Pro

The Dutch SC has today held that it is minded to refer to the CJEU on a variety of issues relating to Rome II’s applicable law rule for (follow-on damages claims) related to competition law infringement. The case is related to the air cargo cartel referral which I flag here and is a follow-up to … Read more

Athenian Brewery SA. Kokott AG firmly in favour of forum shopping in follow-on and stand alone competition claims viz corporate parents. – Go Health Pro

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Athenian Brewery SA. Kokott AG firmly in favour of forum shopping in follow-on and stand alone competition claims viz corporate parents. – Go Health Pro

I signaled the preliminary reference and background here and Kokott AG Opined end of September in C‑393/23 Athenian Brewery SA, Heineken NV v Macedonian Thrace Brewery SA. Can a person damaged by an infringement of the competition rules sue the company which committed that infringement at the seat of its parent company in another Member … Read more

Applicable law in follow-on competition cases. 3 Opinions of the AG at the Dutch Supreme court. On Rome II ratione temporis for continuous torts; on assignment; and on ‘markets affected’. – Go Health Pro

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Applicable law in follow-on competition cases. 3 Opinions of the AG at the Dutch Supreme court. On Rome II ratione temporis for continuous torts; on assignment; and on ‘markets affected’. – Go Health Pro

Three Opinions of Vlas AG at the Dutch Supreme Court dated 5 April 2024 but published today discuss issues of applicable law in competition follow-on cases. See also my earlier posts on Air Cargo and Palink. CJEU authority cited includes Concurrence, Nintendo, Tibor Trans, CDC, flyLAL. ECLI:NL:PHR:2024:561 is the Palink case in the Truck Cartel: … Read more

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