Sahin Sengul, E 
ORCID: 0000-0002-4741-2171
(2014)
'Semsi̇ye etki̇si̇ nedeni̇yle zarar görenleri̇n tazmi̇nat talepleri̇ni̇n Avrupa Bi̇rli̇ği̇ rekabet hukuku bakimindan değerlendi̇ri̇lmesi̇: Kone kararinin yansimalari = The assessment of umbrella claims in light of the European Union competition rules: reflections on the Kone judgment.'
Rekabet Dergisi = Competition Journal, 15 (2).
pp. 89-126.
Abstract
The fact that competition infringements cause a widespread harm gives rise to the issue that numerous persons who are at various levels of the distribution chain are affected. This poses the question whether all those harmed can be compensated for their loss. An answer to that question would not be easy when all those harmed are subject to different conditions in proving their claims and these conditions might be more difficult for some than for others. Depending on the way in which victims suffer from the infringement, showing the causal relationship between the loss and the infringement appears to be one of the obstacles to a successful damages action. This is where umbrella customers face the hardship in proving their cases to obtain compensation. The debate on whether umbrella customers have a right to damages in EU competition law seems to be settled with the judgment of the Court of Justice of the European Union. Therefore, the article seeks to analyse the extent to which the judgment would overcome the difficulties in claiming umbrella damages and discuss the possible implications of granting standing to umbrella customers in practice.
| Item Type: | Article |
|---|---|
| Keywords: | competition law infringements, claims for damages, the right to bring an action, causal link, buyers who have suffered harm due to the "umbrella effect" |
| Subjects: | K Law > K Law (General) |
| Divisions: | Bath Business School |
| Date Deposited: | 23 Oct 2026 11:44 |
| Last Modified: | 23 Oct 2026 11:44 |
| ISSN: | 1302 - 552X |
| URN: | https://researchspace.bathspa.ac.uk/id/eprint/16674 |
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