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.

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