European Review of Private Law

Volume 23 (2015)

Volume 23 (2015) / Issue 3

Jules Stuyck, 'Damages for the Loss Caused by a Cartel: The Causal Link' (2015) 23 European Review of Private Law, Issue 3, pp. 459–470


Abstract: In Case C-557/12 Kone, the Court of Justice rules that Article 101 TFEU (prohibition of restrictive agreements) opposes to legislation of a Member State (Austria), which categorically excludes any civil liability of undertakings belonging to a cartel for loss, resulting from the fact that an undertaking not party to the cartel sets its prices higher than would otherwise have been expected under competitive conditions (so-called 'umbrella pricing').

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ISSN: 0928-9801
ID: ERPL2015031