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Commission leads by example and sues elevator cartel for damages

08 July 2008

The European Commission has apparently decided to blaze a trail in the relatively untested area of private damages actions.

It has filed cases with the Brussels commercial court, claiming damages from a lift and escalator cartel that it had previously fined a record €992 million. The Commission’s claim covers work carried out at its own buildings and those of other European institutions in Brussels and Luxembourg.

According to the Commission, it has mixed motives for acting. Since European taxpayers will ultimately have footed the bill for overpriced work carried out by the cartelists, the Commission considers itself duty bound to seek damages.

But Commissioner Kroes also placed the case firmly at the forefront of the drive to encourage private damages claims. “The Commission is doing its utmost to encourage and facilitate actions for damages before national courts by victims of anticompetitive behaviour. In this case, we are leading by example”, she said.

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