Landmark Supreme Court of Latvia Ruling on Cartel Damages Claims
For many years, Latvian courts faced uncertainty over how damage must be proven in claims against cartel participants, especially in cases concerning cartels that operated before 2016, when the legal presumption of damage had not yet been introduced.
In some cases, courts accepted damage claims without sufficient evidence, relying more on the absence of proof from defendants than on clear proof provided by claimants.
In two recent cases where the defendants were represented by WALLESS, the Supreme Court ruled that the regional court had acted incorrectly by finding that damage had occurred and ordering compensation without proper legal grounds. The judgments explain when courts may lower the standard of proof and when they may not.
The Supreme Court confirmed that if no legal presumption applies, courts may estimate the amount of damage only when it is impossible or unreasonably difficult to calculate it precisely. Even then, the claimant must still prove that damage actually occurred and in what amount.
Legal assistance in these cases was provided by WALLESS Partner Sandis Bērtaitis and Senior Associate Māra Beķere.