Jurisdiction(s):
United Kingdom

CJEU (Case C‑25/21, Repsol): Final NCA Decisions Establish Infringement Unless Rebutted in Private Article 101 TFEU Actions; Anti‑competitive Clauses Automatically Void; Damages Directive Article 9 Inapplicable

Published by a LexisNexis Competition expert

Practice notes

CASE HUB ARCHIVED-this archived case hub reflects the position at the date of the judgment of 20 April 2023; it is no longer maintained. See further, timeline.

Case facts

Outline

A reference from Spain sought clarification on the extent to which decisions of competition authorities-finding certain of the applicant’s supply agreements unlawful-bind domestic judges.

Latest developments

On 20 April 2023, the Court of Justice delivered its ruling confirming that:

(i) as regards Article 101 TFEU (given effect by Article 2 of Regulation 1/2003 and interpreted alongside the principle of effectiveness), where a final decision of a national competition authority identifies a breach of competition law, that infringement is to be treated as proven by the claimant in actions for damages or for a declaration of nullity unless disproved by the defendant; this holds only if the nature of the infringement and its material, personal, temporal and territorial dimensions align with those established in the NCA’s decision;
(ii) where an applicant succeeds in establishing an infringement of Article 101 TFEU in respect of their action for a declaration of nullity or damages, it is...

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Web page updated on 26/05/2026

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