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Case C-435/18 Otis GmbH and others v Land Oberösterreich and others, Judgement of the Court of Justice of 12 December 2019  On 12 December 2019, the Court of Justice (CJ) delivered another preliminary reference ruling that further strengthens private antitrust enforcement in the EU. The CJ followed Advocate General Kokott and ruled that even persons not acting as suppliers or purchasers on the market affected by the cartel can claim damages directly from cartel members. The judgement was delivered upon request by the Austrian Supreme Court ( Oberste Gerichtshof ) that struggled again – after its request for a preliminary ruling in connection with the same elevator cartel in 2014 that led to the  Kone  judgement – to apply national tort law that restricted liability of cartel members to only those suppliers and purchasers that are active on the relevant product and geographic market affect by the cartel.

The Otis Judgement: Another Conformation of the Expansive Scope of Cartel Liability after Kone (C-435/18 Otis)