Indirect purchasers. 2.1. The standing of indirect purchasers The Damages Directive provides that Member States shall ensure that any natural or legal person who has suffered harm caused by an infringement of competition law is able to claim and to obtain full compensation for that harm (Article 3.1), irrespective of whether they are direct or indirect purchasers from an infringer (Article 12.1). In this way, the Directive merely reaffirms the acquis communautaire on standing to claim damages for infringements of EU competition law, as set out in the case law of the Court of Justice (Recital 12).20 In fact, the European Court has not directly ruled on the standing of indirect purchaser harmed by competition law infringements.21 Indeed, despite the breadth with which the 19 In this sense, since damages caused by competition law infringements can be passed on to very distant points in the chain of production or distribution, indirect purchaser must be considered to be not only the one who acquires the product or service affected by the infringement -or products or services containing them or derived from them- from the direct purchaser, but also the one who has acquired it from another prior indirect purchaser. Although the first interpretation could follow from recital 41 of Directive 2014/104/EU, Article 2 (24) of Directive 2014/104/EU states -correctly- that “‘indirect purchaser’ means a natural or legal person who acquired, not directly from an infringer, but from a direct purchaser or a subsequent purchaser, products or services that were the object of an infringement of competition law, or products or services containing them or derived therefrom.”
Indirect purchasers. Approved Claimants who acquired their interest in a Hotel Unit by way of an Assignment Agreement, and for which a deposit was paid to the Assignor, shall recover on a pro rata basis up to 25% of the total original deposit amount paid, with no interest payable under the Condominium Act, 1998, SO 1998, c 19 or the Courts of Justice Act, RSO 1990, c C.43 and no payment towards costs; At no point shall the sum of all approved claims cumulatively exceed the total of the Net Settlement Fund.
