Contrary to what some Spanish lawyers and firms advertise, private antitrust actions are neither straightforward nor sure-to-win claims. The so-called “car cartel” case is an excellent example, as shown in the attached news published in Spain stating that two of each of three claims are dismissed by courts. Predictably, many claims suffer from severe technical issues, and the expert reports fail to prove the damages suffered.
Two very crucial elements in any claim.
As mentioned in the article, Madrid Commercial Court No. 5 issued the first judgment against the car cartel on September 27th. Although the defendant was ordered to compensate the claimant, the court reduced the amount to 1,147 euros, i.e. 5% of what he paid for his car, although he initially claimed 15% of the total.
Far to be considered a victory if we consider lawyers, experts and court costs!
Furthermore, other commercial courts dismiss or only partially uphold the claims with compensation percentages far below expected.
It looks to me that the “good old days” for private antitrust claims are probably over in Spain, with the courts now placing much higher standards of proof and technical expertise on lawyers and experts. But above all, with judges with more significant experience in the matter.
No more “anything goes” in private competition litigation in Spain?
Read the referenced article, published in La Información, here