ECJ Rules Cutoff For Cartel Suits Not Retroactive

By Silvia Martelli (June 23, 2022, 4:22 PM BST) -- Reforms creating a presumption that cartels harm buyers and extending the deadline to sue for damages are substantive changes that cannot be applied to price-fixing plots that took place before rules were introduced in 2014, the European Union's highest court said Wednesday.

The five-year limitation period is a substantive provision rather than a procedural one and therefore should not apply retroactively to "situations existing" before it entered into force, the European Court of Justice ruled.

The provision establishing a presumption that a cartel harmed victims, which defendants can seek to rebut, also does not apply retroactively, according to the judgment....

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