New private enforcement referral: geographical-temporal scope of competition law

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March 23, 2020

by mattc

A new antitrust private enforcement referral to the CJEU was published in the OJ, in a Dutch follow-on case to the air cargo cartel (C-819/19), to clarify geographical-temporal scope of application of EU Competition Law. Can national courts apply Arts. 101 TFEU or 53 EEA in actions for damages relating to flights prior to 1 May 2004 from within EU to outside the EEA, or, before 19 May 2005, on routes from the 3 EEA countries to outside the EEA, or, before 1 June 2002, on routes between the EU and Switzerland? More information here.

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