ECJ sets time limit for the prosecution of submission cartels
Participation in submission cartels can have serious consequences for companies. There is a threat of loss of reputation and fines in the millions, as well as blacklisting from public procurement procedures and potential civil claims for cartel damages. But how long do these risks last? When are submission agreements time-barred? The ECJ has now issued a significant verdict regarding this (so far) controversial question. Its decision on the conclusion of agreements restricting competition under Art. 101 TFEU will also have a significant impact on the application of national competition law. We have analyzed with the current developments in several articles:
Dr. Jan Kappel / Dr. Florian Junkers, Submission Agreements: Conclusion of Singular and Continued Infringement - Comment on the ECJ's Judgment of 14.01.2021 (Case No. C-450/19)
Article published in: WuW 2021, 166 et seq.
Dr. Jan Kappel / Dr. Florian Junkers, Cartel fines - No prosecution "until all eternity"! - ECJ strengthens statute of limitations defense
Article published in: BetriebsBerater 2021, 3991 et seq.
Dr. Jan Kappel / Dr. Jutta Bader, Does the "infinite liability" of a company in the case of submission agreements have an end after all?
Article was published in: ZWH 2021, 321 et seq.