Ruling 339/2017 of the Audiencia Provincial de Madrid-Spain (section 28): antitrust limitation period (Trucks Cartel)2019-01-17T12:01:25+00:00

Ruling 339/2017 of the Audiencia Provincial de Madrid-Spain (section 28): antitrust limitation period (Trucks Cartel)

By Francisco Javier Cabrera

The Audiencia Provincial de Madrid (Section 28) ruling 339/2017 of 3 July 2017 found that for the commencement of limitation periods in damages actions related to competition law infringements, the injured party must have knowledge of the following: (i) the conduct or act is classified as a competition law infringement, (ii) the infringement has caused a damage, and (iii) the identity of the perpetrator.

With respect to the applicable limitation period, since the Summary of Commission Decision of 19 July 2016 relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union (Case AT.39824 — Trucks) was published in the ODEU on 6 April 2017, prior to the publication of the Royal Decree-Law 9/2017 of 26 May 2017 relating to the transposition of Directive 2014/104/EU, these claims are subject to the general rules on non-contractual liability, whose limitation period is that of one year. This one-year limitation period begins the moment in which the injured party had knowledge of the existence of the damage, Spanish Civil Code Article 1968.2, that is, from the publication of the Summary of the Commission Decision.