The procedural implications of the Otis ruling of The European Court of Justice of The European Union - clarification of the scope of "any Individual" who may bring a claim for damages in private enforcement proceedings (case comment)

FRANCO RIZZUTO; MONIKA LYNCH

The procedural implications of the Otis ruling of The European Court of Justice of The European Union - clarification of the scope of "any Individual" who may bring a claim for damages in private enforcement proceedings (case comment)

Research output: Contribution to journal › Article (journal) › peer-review

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Abstract

Comments on Otis GmbH v Land Oberosterreich (C-435/18) (ECJ) on whether TFEU art.101 precluded national rules which denied standing to pursue private enforcement claims for cartel damages to lenders who sustained loss in providing subsidies to buyers in the affected market. Considers the decisiveness of causation to the meaning of "any individual" under art.101, noting the importance the principle of effectiveness and the potential implications.

Original language	English
Pages (from-to)	360-364
Journal	European Competition Law Review
Volume	41
Issue number	7
Early online date	31 May 2020
Publication status	E-pub ahead of print - 31 May 2020

Keywords

Austria
Cartels
Causation
EU Law
Locus standi
Principle of effectiveness
Private enforcement
Third parties

Access to Document

C 307-18 GENERICS (UK) case note F Rizzuto FINALAccepted author manuscript, 59.7 KB

https://uk.westlaw.com/Document/IEC6DD100A52E11EA98CCCDBD9CA3DBD0/View/FullText.html

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RIZZUTO, FRANCO., & LYNCH, MONIKA. (2020). The procedural implications of the Otis ruling of The European Court of Justice of The European Union - clarification of the scope of "any Individual" who may bring a claim for damages in private enforcement proceedings (case comment). European Competition Law Review, 41(7), 360-364. Advance online publication. https://uk.westlaw.com/Document/IEC6DD100A52E11EA98CCCDBD9CA3DBD0/View/FullText.html

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abstract = "Comments on Otis GmbH v Land Oberosterreich (C-435/18) (ECJ) on whether TFEU art.101 precluded national rules which denied standing to pursue private enforcement claims for cartel damages to lenders who sustained loss in providing subsidies to buyers in the affected market. Considers the decisiveness of causation to the meaning of {"}any individual{"} under art.101, noting the importance the principle of effectiveness and the potential implications.",

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RIZZUTO, FRANCO & LYNCH, MONIKA 2020, 'The procedural implications of the Otis ruling of The European Court of Justice of The European Union - clarification of the scope of "any Individual" who may bring a claim for damages in private enforcement proceedings (case comment)', European Competition Law Review, vol. 41, no. 7, pp. 360-364. <https://uk.westlaw.com/Document/IEC6DD100A52E11EA98CCCDBD9CA3DBD0/View/FullText.html>

The procedural implications of the Otis ruling of The European Court of Justice of The European Union - clarification of the scope of "any Individual" who may bring a claim for damages in private enforcement proceedings (case comment). / RIZZUTO, FRANCO; LYNCH, MONIKA.
In: European Competition Law Review, Vol. 41, No. 7, 31.05.2020, p. 360-364.

Research output: Contribution to journal › Article (journal) › peer-review

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AB - Comments on Otis GmbH v Land Oberosterreich (C-435/18) (ECJ) on whether TFEU art.101 precluded national rules which denied standing to pursue private enforcement claims for cartel damages to lenders who sustained loss in providing subsidies to buyers in the affected market. Considers the decisiveness of causation to the meaning of "any individual" under art.101, noting the importance the principle of effectiveness and the potential implications.

KW - Austria

KW - Cartels

KW - Causation

KW - EU Law

KW - Locus standi

KW - Principle of effectiveness

KW - Private enforcement

KW - Third parties

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