The CJEU Clarifies the Rules on Antitrust Damages Actions Before and After the Harmonization

May 2019

CPI EU News Column edited by Thibault Schrepel, Sam Sadden & Jan Roth (CPI) presents:

The CJEU Clarifies the Rules on Antitrust Damages Actions Before and After the Harmonization By Caroline Cauffman (Maastricht University)¹

Facts

Cogeco Communications, was a shareholder of Cabovisão — Televisão Por Cabo SA (“Cabovisão”) between August 3, 2006 and February 29, 2012. On July 30, 2009, Cabovisão filed an abuse of dominance complaint before the Portugese Competition Authority against inter alia Sport TV Portugal.

In the subsequent decision of June 14, 2013, the Portuguese Competition Authority fined Sport TV Portugal for infringement of both Article 102 TFEU and the corresponding national provision. Later, appealing before the Competition, Regulation and Supervision Court, the fine was reduced on the grounds that only the national equivalent of Article 102 TFEU had been infringed. The latter article itself was considered inapplicable because no potential effect on trade between the Member States had been proven. That judgment was upheld on a further challenge by the judgment of the Court of Appeals on March 11, 2015.

On February 27, 2015, Cogeco brought an action before the Lisbon District Court against inter alia Sport TV Portugal and its parent companies, with the aim of obtaining compensation for the damages caused by the defendants’ infringement of Article 102 TFEU and its national equivalent between August 3, 2006 and March 30, 2011. Before giv