In a judgment (Case C-435/18) delivered on Thursday, 12 December, the Court of Justice of the European Union (CJEU) ruled that a public body that granted promotional loans to purchasers of products covered by a cartel can request compensation for loss caused by the cartel.
The Austrian Land Oberösterreich brought an action for compensation against five companies that participated in an illegal cartel in the lift market. It had not suffered any loss as a purchaser of the products concerned. However, increased construction costs caused by the cartel reportedly led it to grant promotional loans intended to finance construction projects affected by the cartel in a higher amount than would have been the case in the absence of that cartel.
Having referred the matter to the court, the Austrian Supreme Court notes that national legislation restricts compensation for purely material losses to persons who have operated as suppliers or purchasers on the market concerned by the cartel.
The court reiterates that the TFEU (Article 101) confers the right to request compensation on any person who has suffered loss caused by an infringement of European competition rules when there is a causal link between the loss and the detected infringement. The court considers that this protection would be seriously compromised if the right to compensation were restricted from the outset to suppliers and purchasers on the market affected by the cartel.
Yet, the restriction provided for in Austrian law regarding compensable loss reportedly has the precise effect of excluding compensation for the loss alleged by the applicant.
See the judgment: http://bit.ly/2Ec2Hcw (Original version in French by Mathieu Bion)