CJEU Judgement in Otis – A Public Entity Can Claim Damages for an Infringement of Competition Law Without the Need to Demonstrate that It is Active on a Product or Geographic Market Directly Affected by the Infringement



Judgment of 12 December 2019, Otis Gesellschaft and Others, C‑435/18, EU:C:2019:1069


Oleg Temnikov[1]


This article provides an overview and the author’s comments on the Judgment of the ECJ in the Otis case (Judgment of 12 December 2019, Case C‑435/18, ECLI:EU:C:2019:1069).

The Otis Judgment is a further significant contribution of the CJEU in the field of private damages claims. In particular, it reaffirms the right to damages in cases of breach of Art. 101 TFEU and clarifies that there is no need for the claiming party to be active on a product or geographic market directly affected by the breach of competition rules.

After a short resume of the factual and legal background of the case and the analysis of the Advocate General Opinion and the Judgment, the author elaborates on some points of the case on which the Judgment remained silent.



[1] Oleg Temnikov, Senior associate, Wolf Theiss Law Firm, Sofia, Bulgaria, email: oleg.temnikov@wolftheiss.com

The opinions and positions expressed by the author in this article are his personal scientific views on the topic. they may not be attributed to Wolf Theiss Law Firm or its lawyers, and are not necessarily identical with their position on the matter.