Don’t You (Forget About Me)

By: Gerhard Klumpe (D’Kart)

Who can forget ‘Don’t You (Forget About Me)’? This iconic anthem by Simple Minds not only resonates with anyone who grew up in the 1980s but also serves as the defining musical backdrop to the film ‘The Breakfast Club,’ where five individuals come together in the morning to delve into profound issues and share personal experiences.

The scene was set reminiscent of this breakfast rendezvous in Brussels, as four judges and their moderator convened for breakfast at Le Chatelain during the CompLaw: Private Enforcement 2024 event organized by Informa Connect. What was intended as a casual pre-panel vote session titled ‘Judges’ Roundtable’ quickly transformed into a dynamic discussion on substantive matters, captivating the participants to the point where they nearly missed the event’s commencement. With a seamless transition, the conversation seamlessly carried over to the event hall, captivating the intrigued audience.

This ‘breakfast club’ gathering at the Judges Round Table featured representatives from prominent forums for antitrust damages actions across various jurisdictions: Elske Boerwinkel from the NCC District Court in the Netherlands, Gustavo Andrés Martín Martín from Commercial Court n.1 Alicante in Spain, Ben Tidswell, Chairman of the Competition Appeal Tribunal in the UK, and the author of this narrative representing Germany. The discussion was expertly moderated by Dorothy Hansberry-Bieguńska from Hansberry Tomkiel in Poland.

The session commenced with an overview of legal issues resolved by ECJ and national courts’ case law, touching upon recent developments such as the Tribunale Supremo’s 15 decisions and the noteworthy CAT decision in ‘Royal Mail Group Ltd. v DAF Trucks Ltd.’ announced by Gustavo Martin. This paved the way for a comprehensive discussion on the persistent challenges surrounding antitrust damages claims.

Across all jurisdictions, two primary issues took center stage: the management of large-scale (class) actions and the determination of damages. This latter concern encompassed the integration of economic or econometric expertise into legal disputes and the treatment and evaluation of such expert opinions, alongside exploring potential alternatives…

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