Asphalt Cartel antitrust damages litigation

The long-running Asphalt Cartel antitrust damages litigation has been Finland’s leading antitrust damages case that has defined the law on antitrust damages. Following record fines for the cartel members in 2009, the damages case was ultimately litigated to the Finnish Supreme Court and to the Court of Justice of the European Union (CJEU). The case was the first one where antitrust damages were awarded by a court in Finland. The case was unique not only in its size with dozens of cities and municipalities and the government of Finland among the claimants, but also in its legal complexity with a number of precedent-setting legal issues.

In early 2019, following a request for a preliminary ruling by the Finnish Supreme Court, the CJEU gave a ground-breaking judgment on how the liable parties are determined in antitrust damages cases in the EU (Case C-724/17 Skanska), deciding the matter in favour of our clients.

After a number of judgments by the Supreme Court in summer and autumn 2019, the remaining cases were settled. This was the first time that the Supreme Court had ruled on the substance of an antitrust damages case.

We acted as co-lead counsel in the damages proceedings, coordinating the large number of counsel on the claimant side. We were involved in the proceedings at all stages, representing claimants since the damages case started in 2010.