On 3 May 2018, the European Commission announced that it had carried out unannounced inspections into the metal packaging sector due to concerns that certain manufacturers may have engaged in anti-competitive practices.
The Commission’s investigation follows earlier proceedings by Germany’s competition law regulator, the Bundeskartellamt, which decided in April 2018 to refer its own investigations into the metal packaging sector to the Commission owing to increasing evidence that the alleged misconduct was not limited to German markets. Indeed, the Bundeskartellamt stated that “there is concrete evidence of competition law violations in several EU member states” in relation to “manufacturers of cans made of tin plate and aluminium for filling with foodstuffs or chemical-technical substances and manufacturers of vacuum seal jars.
Actions for damages
Assuming that the Commission concludes its investigation into the cartel with a decision that there has been an infringement of competition law, it is well established in law that any person or business affected by the misconduct identified by the Commission may bring the matter before the courts of the member states and seek damages.
Hausfeld is investigating potential claims relating to this cartel. If you believe that you or your business may have been affected and would like to learn more, please contact one of the related lawyers.