Legal link Sample Clauses

Legal link causation The right to be compensated for damage suffered is subject to the requirement of the existence of a causal relationship between such damage and the conduct prohibited by the Treaty competition rules.28 In relation to the possible additional requirement of a subjective link between the infringement and the harm, initially, the Commission considered the desirability of regulating the requirement of fault in the offender's conduct, without ruling out the possibility of abolishing it and setting up a system of strict liability.29 Subsequently, the Commission expressed its agreement with the legislation of those Member States where the latter approach is adopted, either because the requirement of fault is not required or because an absolute presumption of fault is established once the infringement has been proved. In addition, the Commission suggested that, in line with the principle of effectiveness, those Member States where fault is required should provide for a relative the first place, those of competitors who have not been part of the cartel. In this way, their prices would be pushed upwards, regardless of whether the seller reacted strategically -without prior contact with the infringers, since otherwise its conduct could be considered a prohibited concerted practice- or simply followed the market price. Customers of producers who are not part of the cartel will also pay a higher price than they would have paid in the absence of the cartel. See R. INDERST; X. XXXXX-XXXXXX; U. SCWALBE: “Umbrella Effects”, IESEG School of Management Working Paper Series 2013-ECO-17; X. XXXXX-XXXXXX: “Umbrella effects and the ubiquity of damage resulting from competition law violations”, Journal of European Competition Law & Practice (2014), Vol. 5, No. 4, pp. 247-251; X. XXXXXXXXX et al.: “Umbrella Effect: Damages Claimed by Customers of Non-cartelist Competitors”, Journal of European Competition Law & Practice, vol. 5 (2014), pp. 196-205; M. VEENBRINK; X.X. XXXX: “Case Comment – Case C-557/12 Kone AG and Others v ÓBB Infrastruktur AG”, The Competition Law Review, vol. 10 (2014), pp. 107-115; X. XXXX: “Competition Restrictions, ‘Umbrellas’ and Damages Claims – Comment on Kone”, Global Competition Litigation Review (2015), pp. 134-142; X. XXXXXX: "A legal approach to Kone decision. Does the private enforcement of European Competition Law need an umbrella?", IIC: International Review of Intellectual Property and Competition Law, 47 (2016), pp. 697-722. 27 Judgment ...
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