Klarna awarded some $2 billion for Google Shopping abuse

06/07/26

In one of the largest successful competition damages claims brought in the EU, the Stockholm Patent and Market Court recently awarded Klarna the record sum (including interest) for losses caused to PriceRunner, the price comparison business owned by the Swedish payments platform, by Google.

The claim was a hybrid follow-on and stand-alone action, based on the European Commission’s 2017 Google Shopping Decision.  The follow-on claim sought damages in relation to losses attributable to Google’s conduct during the period covered by the Decision and the stand-alone claim covered the period thereafter until 31 December 2023.  A further claim thereafter was brought in relation to ‘run-off’ losses.  That latter claim was unsuccessful.

The largest part of the claim was in relation to losses suffered in the UK.  The other parts of the claim related to losses suffered later in Denmark and Sweden.  The claim period for the UK covered the pre- and post-Brexit competition law landscape. The Court helpfully set out a useful summary of that landscape in its judgment, as well as more generally to the tortious law principles encapsulated in the Rome II Regulation.  In particular, it confirmed that in line with s.60A Competition Act 1998, as amended, competition law issues in the UK continued, with a few exceptions, to be assessed in accordance with EU law and the case-law of the CJEU as that stood at 31 December 2020.  The Court also confirmed that there was no obligation on UK courts to ensure compliance with CJEU judgments handed down after that date, and in that regard, particular reference was made to the CJEU’s judgments in Volvo/DAF and Heureka Group in relation to limitation arguments.  Insofar as limitation itself was concerned, the Court held that the CAT Rules 2015, replacing those of 2003, could only apply specifically to proceedings before the CAT, even though English law was the deemed applicable law for the purpose of the UK damages claims.

Insofar as those claims were concerned, the Court held that PriceRunner should be compensated for losses incurred in the UK from 1 January 2009 until 31 December 2023.  The Court assessed those losses at some £1.2 billion (including interest).  The losses in the Danish and Swedish markets amounted to some £106 million and some £119 million respectively (including interest).  The interest was calculated in accordance with Swedish law for all three country claims, save for that in relation to the UK damages for the period after 31 December 2020, for which interest was calculated in accordance with English law.