The CJEU’S Skanska judgment: the notion of “undertaking” in damages actions for infringements of the competition rules

Abstract

The article analyses the Skanska judgment in which the CJEU extends the notions of “undertaking” and “economic unit” as well as the principle of economic continuity, developed in its case law concerning fines for infringements of Article 101 and 102 TFEU, to civil damages actions. The CJEU declares that Article 101 TFEU itself, and not national law which regulates the modalities of exercising the right to damages, determines the entities liable to pay damages for infringements of that provision.