The Brussels Court Judgement in Commission v Elevators Manufacturers, or the Story of How the Commission Lost an Action for Damages Based on its Own Infringement Decision.

European Competition Law Review Vol.36: Issue 9 [2015] ; Working Paper Version

11 Pages Posted: 15 Sep 2015 Last revised: 10 Nov 2015

See all articles by Jorge Marcos Ramos

Jorge Marcos Ramos

University of Liege - School of Law

Daniel Muheme

University of Liege - School of Law

Date Written: May 8, 2015

Abstract

This paper explores the rationale underpinning the Brussels Court rejection of the Commission’s action for damages resulting from the elevators cartel. Although this claim seemed to be an easy exercise for the Commission, the judgement shows the difficulty that parties will encounter proving damages and causation under national law. Moreover, the intricacies of incomplete bid-rigging cartels that the national judge has to assess only complicates the task.

Keywords: competition law; antitrust damages; damages directive; cartels; bid-rigging

Suggested Citation

Marcos Ramos, Jorge and Muheme, Daniel, The Brussels Court Judgement in Commission v Elevators Manufacturers, or the Story of How the Commission Lost an Action for Damages Based on its Own Infringement Decision. (May 8, 2015). European Competition Law Review Vol.36: Issue 9 [2015] ; Working Paper Version . Available at SSRN: https://ssrn.com/abstract=2660185 or http://dx.doi.org/10.2139/ssrn.2660185

Jorge Marcos Ramos (Contact Author)

University of Liege - School of Law ( email )

B-4000 Liege
Belgium

HOME PAGE: http://www.lcii.eu

Daniel Muheme

University of Liege - School of Law ( email )

B-4000 Liege
Belgium

HOME PAGE: http://www.lcii.eu

Register to save articles to
your library

Register

Paper statistics

Downloads
151
Abstract Views
1,583
rank
193,200
PlumX Metrics