Topic: Statute of limitations

ECJ lays out application of limitation periods for trucks claims

The European Court of Justice has ruled that claimants seeking damages from the EU trucks cartel cannot rely on the statute of limitation provisions under the damages directive for conduct that took place before the legislation was transposed into national law.

22 June 2022

UK appeals court upholds dismissal of chip cartel follow-on claim

A UK appeals court has rejected Gemalto’s request to overturn a lower court’s decision that dismissed its €480 million follow-on damages claim against smart card chip makers as time-barred, ruling the company did not need to know every aspect of the cartel to file the claim.

10 June 2022

General Court upholds EU air cargo decision but slashes several airline fines

The EU’s General Court has largely confirmed the European Commission’s readopted air cargo cartel decision, while cutting fines imposed on six airlines for their role in the conspiracy to fix surcharges on global flights.

30 March 2022

Chip cartelists escape €480 million follow-on claim on limitation grounds

Gemalto had sufficient reason to believe it may have been the victim of the smart card chip cartel by the time the European Commission issued its statement of objections, a UK court has ruled while dismissing the company’s follow-on claim as time-barred.

28 January 2022

Chip cartelists argue limitation defence in UK follow-on damages claim

Two members of the smart card chip cartel have told a UK court that Gemalto’s follow-on claim against them is time-barred because the technology company could have launched a damages action well before the European Commission issued its infringement decision.

13 January 2022

AG Rantos calls to limit damages directive in trucks cartel claims

Trucks cartel claimants cannot rely on the five-year limitation period or the presumption of harm laid out in the EU damages directive, an advocate general at the European Court of Justice has said.

28 October 2021

Top Romanian court applies ECJ ruling to grocery cartel

Romania’s highest court has ruled that the country’s statute of limitations did not prevent the national competition enforcer from imposing an €11.3 million price-fixing fine on Metro Cash & Carry Romania.

19 October 2021

UK court allows DRAM cartel follow-on claim

A UK appellate court has ruled that a defunct computer retailer’s follow-on damages claims against DRAM cartel members Infineon and Micron are not time-barred because the company entered administration before the cartel’s existence became public.

15 April 2021

EU’s highest court warns of underenforcement due to limitation periods

National competition regimes that do not pause the statute of limitations while an antitrust authority conducts an investigation may present a “systemic risk” that anticompetitive conduct goes unpunished, the European Court of Justice has said.

22 January 2021

Portuguese court rejects ECJ’s Cogeco preliminary ruling

The European Court of Justice misinterpreted Portuguese law when it ruled that a domestic three-year limitation period for bringing antitrust damages claims was incompatible with EU law, a Portuguese court has said.

13 November 2020

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