The European Court of Justice delivered, on 16 July, its judgment on the preliminary ruling regarding the Huawei case, stating that an action brought by an undertaking in dominant position, seeking injunction and compensation against an alleged infringer of a SEP, not necessarily infringes Article 102 TFEU. Huawei Technologies Co. Ltd (‘Huawei’) owns – inter…
The burden of proof falling on the claimant in competition damages actions, especially if stand-alone type, is notoriously fraught with difficulty. As a consequence, if the national judge interprets the domestic procedural laws in a strict and formalistic manner, this may render the burden not just difficult but nearly close to impossible. The Italian Court…
Vivil, a German producer of cough drops and vitamin sweets, sued Südzucker, Europe’s largest sugar refiner, for compensation of damages caused by the German ‘sugar cartel’. The defendant participated, together with Nordzucker and Pfeifer, to anticompetitive agreements on sales areas, quotas and prices. The infringements involved the sale of sugar for the processing industry (so-called industrial…