Damages for Schneider Electric: Setting the Standards for Community's Non-Contractual Liability

Abstract

The CFI Schneider judgement on damages represents an important milestone in the development of the EC competition law as it was the first time that damages have been awarded by the Court in a merger case. However, its impact on future damage claims is far from clear. First, it should be noted that incompatibility decisions of the Commission are extremely rare, as is their annulment by the Community courts. In this respect the Schneider case stands in line with the famous Airtours, General Electric and Tetra Laval mergers. Secondly, Schneider has already consummated the transaction at the time when the incompatibility decision was adopted which, as a result, had contributed to its damages sustained.