EU Cartel Victims Face Uphill Battle Proving 'Umbrella' Claims

Law360, New York (June 6, 2014, 8:00 PM EDT) -- The European Union's highest court ruled Thursday that cartel members can be liable for higher prices charged by other players in the market, but attorneys warned that in practice plaintiffs may have a hard time proving they overpaid on account of so-called umbrella prices.

The European Court of Justice ruled that EU members can't block those kinds of umbrella damages claims, reasoning that companies often set their prices in part based on the going rate in the rest of the market. That means cartel activity might...
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