Private Law Liability of the Undertaking Pursuant to Art. 101 TFEU

In its Skanska decision the ECJ bases an undertaking’s private law liability for cartel damages directly on Art. 101 TFEU and holds its judicature regarding both liability within the economic unit and the principle of economic continuity to be applicable in private law. The article considers the private law action for damages nevertheless to be an action under national law, finds the undertaking to be a legal entity in itself, discusses joint and several liability of all constituent parts of an economic unit and deals with the question whether the undertaking itself can be a cartel victim and entitled to damages. The article considers the judgement to have no impact on national laws on the imposition of fines.