Dentons

International Top 30 position: 4

The ECJ does not exclude extending the liability of cartel members to ‘umbrella pricing’

In a judgment of 5 June 2014, following a request for a preliminary ruling from the Austrian Supreme Court, the European Court of Justice (ECJ) ruled in favour of extending the liability of a cartel’s members when the effect of the cartel was to incite other market operators to increase their own prices. This judgment is contrary to Austrian legislation, which requires the existence of a contractual link between the cartel’s victim and its members…

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