Knoetzl

Update Elevator Cartel and the CJEU II – CJEU Advocate General recommends extending private enforcement to public funders

Besides prosecution by anti-trust authorities and, potentially, criminal prosecution, cartel infringements may also lead to civil liability for damages claims in private enforcement proceedings. The European Court of Justice (“CJEU”) is, in its recent case law, establishing an ever broader and more comprehensive EU-wide basis for such damages, including liability for umbrella pricing (Kone) and…

The Hidden Rocks in International Cash Pooling Austria – Capital Maintenance

Executive Summary: The Austrian Supreme Court has recently provided guidance on how to structure cash pooling arrangements so that the risk of violation of the strict Austrian capital maintenance rules is minimized. In essence, the decision indicates that if there is sufficient commercial justification; no special default risk that could prove an existential risk to…