Private enforcement of competition law: a survey of preliminary references to the Court of Justice (2024–2025)

Points The cases reported concern the assignment of claims to third-party litigators, limitation periods, and the consequences of the competition law concept of a 'single economic unit' with regard to the jurisdiction of national courts under the Brussels I bis Regulation. For example, in ASG 2, the Court of Justice was asked whether EU law requires that collective redress, in some form, be available in the Member States, but allowed the Member States a rather wide margin of discretion on the matter. Another example was Heureka, in which the Court of Justice ruled that EU law precludes national rules on the limitation of follow-on damages actions if they do not provide for the limitation period to be suspended, at the very least, until one year after the date on which the public enforcement decision finding an infringement has become final. As the case law develops, we gain legal foreseeability in private enforcement of competition law that will, in turn, further increase incentives to seek compensation for harm caused by infringements.