Joint and several liability of cartelists under Spanish law: before and after the EU Damages Directive

Introduction: the classical problem of multiple attribution in antitrust damages The litigation arising from the truck manufacturers cartel has forced Spanish courts to confront one of the most complex issues in competition damages law: how to structure liability when harm is caused by a plurality of infringers acting in a coordinated manner over extended periods […]

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Full steam ahead: German Supreme Court provides further guidance on ‘umbrella claims’ and the ‘passing-on defence’

Are there no public benefits from a hardcore cartel? The German Rails Cartel, at least, continues to contribute to the general development of private claims for damages resulting from an infringement of the EU cartel prohibition (Article 101 TFEU) and its national equivalent. From this perspective, it supports consumers, by promoting legal certainty for an […]

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