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').
European Review of Private Law