The legal fallout from Europe’s ethylene cartel is far from over.
Dow Europe has filed a €1.1 billion damages claim against four companies over the ethylene purchasing cartel that the European Commission sanctioned in 2020. One of the defendants, Clariant, has confirmed it received the claim and says it will vigorously contest the allegations.
The case highlights an often-overlooked reality of competition law: the regulator’s fine is only the beginning.
Once a cartel has been established, companies claiming they suffered financial harm can pursue civil damages running into billions of euros. In the ethylene cartel, the European Commission fined Clariant, Celanese and Orbia a combined €260 million for coordinating their purchasing behaviour between 2011 and 2017.
Now, the private lawsuits are rapidly overtaking the original penalties.
For the European chemicals industry, the message is clear: antitrust infringements can continue generating legal and financial liabilities many years after regulators close their investigations.