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 journalArticle

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 languageEnglish
Pages (from-to)360-364
JournalEuropean Competition Law Review
Volume41
Issue number7
Early online date31 May 2020
Publication statusE-pub ahead of print - 31 May 2020

Keywords

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

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