The Nissan Iberia case

The approach to limitation periods in antitrust damages cases is an important issue. A recent judgment of the Court of Justice of the European Union (CJEU) in the Nissan Iberia case has clarified the position in the context of a follow-on damages action regarding an infringement identified by Spain's competition authority. The CJEU ruled that the limitation period did not begin to run until the Spanish competition authority’s decision became final after being published and following judicial review.

Martino Sforza and Richard Whish KC (Hon) discuss the CJEU’s judgment, including how the CJEU applied the principles of equivalence and effectiveness, the implications for other antitrust damages cases, and whether a different approach is appropriate for legal systems like Italy where national competition authority decisions are immediately enforceable and presumed valid unless suspended by a court.