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Spanish cartel damages claimants shouldn't bear costs where harm was hard to quantify, EU court opinion says

By Andrew Boyce ( September 22, 2022, 11:58 GMT | Insight) -- Companies that only partially succeed in cartel damages suits in Spain shouldn’t be required to pay half the costs of the case if the result is due to the difficulty or “practical impossibility” of quantifying the harm, according to an opinion for the EU’s top court. But Spanish rules under which the common costs of a case are divided in two, even where a claimant has been successful in part, are not incompatible with EU antitrust laws, Juliane Kokott said.Companies that only partially succeed in cartel damages suits in Spain shouldn’t be required to pay half the costs of the case if the result is due to the difficulty or “practical impossibility” of quantifying the harm, according to an opinion for the EU’s top court....

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