Quantifying damages in cartel cases:

the Spanish Courts' approach to the Trucks cartel

Although Spain does not enjoy the tradition of other jurisdictions such as the Netherlands, the United Kingdom and Germany in the field of Competition Law private enforcement, this does not mean that it lacks any kind of experience. The purpose of this contribution is to establish the general framework of the criteria being used by the Spanish courts in cartel cases. For that purpose, I consider the decisions handed down in the well-known "trucks cartel", given that it is the European jurisdiction where most judgments have until now been adopted and that the trucks cartel has led to most decisions in relation to the determination of damages for antitrust offences in Spain.  

1. Introduction

By two decisions of 19 July 2016 and 27 September 2017,2 the European Commission brought to an end a hybrid procedure that resulted in the sanctioning of the main truck manufacturers in the EEA con...

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the Spanish Courts' approach to the Trucks cartel

1. Introduction

2. Jurisprudential framework for the determination of harm in cartel cases in Spain

3. Judicial responses to the determination of damage in the trucks cartel

4. Brief analysis of the answers given by the Spanish Courts awarding damages: from the acceptance of the claimant's expert's report to the recourse to the court's decision

4.1. Full acceptance of the sum claimed

4.2. Partial award of the amount proposed by the applicant with 1/3 reduction

4.3. Judicial estimation of the damage

4.4. Conclusions