Kone AG and other companies v OBB-Infrastruktur AG

European Union – Agreements distorting competition. The Court of Justice of the European Union ruled that art 101 of the Treaty on the Functioning of the European Union should be interpreted as meaning that it precluded the interpretation and application of domestic legislation enacted by a member state which categorically excluded, for legal reasons, any civil liability of undertakings belonging to a cartel for loss resulting from the fact that an undertaking not party to the cartel, having regard to the practices of the cartel, set its prices higher than would otherwise have been expected under competitive conditions.

Category: