Competition damages betwixt and between past and future : Cogeco

Abstract

This is a case note on Cogeco, a judgment of the European Court of Justice copncerning a damages claim for an infringement of competition law. Cogeco is important, in the sense that it was the first case on private enforcement of EU competition law since the advent of the new private enforcement regime, and since it connects the past and future of private enforcement. While it is doubtful whether certain aspects of the case will offer useful guidance under the new regime, in other aspects Cogeco should become an important precedent.