Class action & Damages claims

General antitrust

The UK Competition Appeal Tribunal allows planned forex class action against big banks with the proviso that class members must opt-in to the litigation (Phillip Evans)
Hausfeld (London)
London, 31 March 2022 – Today, the Competition Appeal Tribunal (CAT) has handed down its judgment in FX Claim UK, the opt-out collective action brought by Phillip Evans, deciding that the proposed FX collective proceedings can be certified, but on an opt-in basis only. Mr Evans intends to (...)

The EU Court of Justice rules that compensatory payments may be categorised as State aid and must comply with relevant de minimis regulations (Satini-S / aizsardzības pārvalde)
Maastricht University
Compensation for Damage and De Minimis Aid* Compensation for damage caused by protected animals is State aid. Member States may categorise compensatory payments as de minimis aid and refuse to make payments in excess of the de minimis threshold. Introduction Advantage in the meaning of (...)

The EU Court of Justice finds that the General Court erred in law when finding the Commission incompetent to examine, in the light of the law on State aid, the compensation paid to Swedish investors by Romania in implementation of an arbitral award (Micula)
European Court of Justice (Luxembourg)
The General Court erred in law in finding that the Commission lacked competence to examine, in the light of the law on State aid, the compensation paid to Swedish investors by Romania in implementation of an arbitral award* While that award had upheld the argument of those investors that that (...)

The EU Commission approves a €2.55 billion Portuguese restructuring aid in favour of a national airline company and a €107 million compensation for damages suffered due to COVID-19 pandemic (TAP Air Portugal) Free
DG COMP (Brussels)
State aid: Commission approves €2.55 billion Portuguese restructuring aid in favour of TAP Group and €107 million compensation for damages suffered due to coronavirus pandemic* Today, the European Commission has approved, under EU State aid rules: (i) €2.55 billion of restructuring aid to enable (...)

The UK Competition Authority publishes a new Green Claims Code and announces that it will start carrying out a full review of misleading sustainability and environmental claims
White & Case (London)
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White & Case (Brussels)
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White & Case (Brussels)
UK clampdown on greenwashing As the importance of sustainability and eco-friendliness grows among consumers worldwide, the UK Competition and Markets Authority (CMA) has concerns that an increasing number of businesses misleadingly market their products and services as environmentally (...)

The EU Commission approves a €520 million Italian scheme to compensate the trade fairs and congress sector for damages suffered due to the COVID-19 pandemic Free
DG COMP (Brussels)
State aid: Commission approves €520 million Italian scheme to compensate the trade fairs and congress sector for damages suffered due to the coronavirus outbreak* The European Commission has approved, under EU State aid rules, a €520 million Italian scheme to compensate companies active in the (...)

The UK Government publishes consultations on far-reaching reforms to competition and consumer laws which would substantially expand the powers of the Competition Authority and reduce procedural protections
Skadden, Arps, Slate, Meagher & Flom (London)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
The U.K. government is consulting on far-reaching reforms to U.K. competition and consumer laws, which would substantially expand the powers of the Competition and Markets Authority (CMA) and reduce procedural protections. Key proposals include: Merger control jurisdiction enlarged: The CMA (...)

The EU Commission opens an investigation on State Aid granted by the Romanian government to an airline company (Tarom)
Romanian Competition Council (Bucharest)
The Investigation opened by European Commission in Tarom Case is a procedural step of State aid Assessment* The Romanian Government granted Tarom an individual rescue state aid, amounting Euro 36.7 million that was approved by the European Commission in February 2020, given that the company (...)

The US State of New York Senate adopts a legislation prohibiting abuse of dominance and requiring new thresholds for the State’s pre-merger notification system
White & Case (Washington)
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White & Case (Washington)
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White & Case (Washington)
While Congress has been the epicenter of an ongoing antitrust debate—with US legislators on both sides of the aisle urging vast reforms—the New York State legislature is pursuing a state bill that would arguably ensnare more conduct and transactions in antitrust law’s web than anything proposed, (...)

The EU Commission approves €24.7 million Italian aid to compensate a national airline company for further damages suffered due to the COVID-19 pandemic (Alitalia) Free
DG COMP (Brussels)
State aid: Commission approves €24.7 million of Italian support to compensate Alitalia for further damages suffered due to coronavirus outbreak* The European Commission has found €24.7 million of Italian support in favour of Alitalia to be in line with EU State aid rules. This measure aims at (...)

The Russian Supreme Court adopts a decree providing clarifications on antitrust matters that arise in court proceedings
Herbert Smith Freehills (Moscow)
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Herbert Smith Freehills (Moscow)
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Herbert Smith Freehills (Brussels)
In March, the Russian Supreme Court adopted a Decree providing clarifications on antitrust matters (the "Plenum Decree") . The Plenum Decree replaced most of the previous antitrust clarifications issued by the Supreme Commercial Court back in 2008. The new measure is comprehensive and covers a (...)

The EU Commission publishes a report on the implementation of the 2014/104/EU Damages Directive
Hausfeld (London)
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Hausfeld (London)
Almost exactly four years after the implementation deadline, the European Commission (the “EC”) has published a short report on 14 December 2020 on the implementation of its Directive 2014/104 (the “Damages Directive”) across the European Union (the “EU”). The primary aim of the Damages Directive (...)

The EU Commission publishes a report on the implementation of the Damages Directive finding insufficient application in practice
Bird & Bird (Brussels)
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Strelia (Brussels)
On 14 December 2020, the European Commission published a report on the implementation of Directive 2014/104/EU of the European Parliament and of the Council (“the Damages Directive”). Overall, the Commission is positive about the implementation of the Directive in the Member States, but the (...)

The US State of New York Senate proposes legislation to modernize its antitrust law and expands the State’s and private litigants’ ability to litigate against companies for anti-competitive conduct
Constantine Cannon (New York)
New York Could Lead the Nation Into 21st Century Antitrust Enforcement* New York is on the verge of revamping state antitrust enforcement to tackle competition issues of the 21st Century. On September 14, 2020, the Consumer Protection Committee of the New York State Senate held a virtual (...)

The EU Commission approves €199.45 million Italian support to compensate a national airline for damages suffered due to the COVID-19 pandemic (Alitalia) Free
DG COMP (Brussels)
State aid: Commission approves €199.45 million Italian support to compensate Alitalia for damages suffered due to coronavirus outbreak* The European Commission has found Italian €199.45 million support in favour of Alitalia to be in line with EU State aid rules. The measure aims at compensating (...)

The EU Commission approves €62 million Romanian loan guarantee to compensate a national airline for damages suffered due to the COVID-19 pandemic and provide the airline with urgent liquidity support (Blue Air) Free
DG COMP (Brussels)
State aid: Commission approves €62 million Romanian loan guarantee to compensate Blue Air for damage suffered due to coronavirus outbreak and provide the airline with urgent liquidity support* The European Commission has approved, under EU State aid rules, a Romanian loan guarantee of up to (...)

The EU Commission issues a communication setting out specific best practices and recommendations for national courts to protect confidential information in private litigation proceedings
Portolano Cavallo (Milan)
The protection of confidential information is an issue of increasing importance in today’s business relationships, as well as in cases of litigation before the courts. Indeed, the issue not only arises in connection with modern business contracts, where the parties may exchange in real time and (...)

The EU Commission approves €150 million Austrian subordinated loan to compensate a national airline company for damages suffered due to the COVID-19 pandemic (Austrian Airlines) Free
DG COMP (Brussels)
State aid: Commission approves €150 million Austrian subordinated loan to compensate Austrian Airlines for damages suffered due to coronavirus outbreak* The European Commission has found an Austrian €150 million subordinated loan (convertible into a grant) in favour of Austrian Airlines AG to be (...)

The EU Commission approves €3.7 billion Swedish scheme to compensate companies for damages suffered due to the COVID-19 pandemic Free
DG COMP (Brussels)
State aid: Commission approves €3.7 billion Swedish scheme to compensate companies for damages suffered due to coronavirus outbreak* The European Commission has found an approximately €3.7 billion (SEK 39 billion) Swedish scheme that partially compensates companies exposed to large turnover (...)

The EU Commission approves €8 billion Austrian scheme to compensate companies for damage caused by the COVID-19 pandemic Free
DG COMP (Brussels)
State aid: Commission approves €8 billion Austrian scheme to compensate companies for damage caused by coronavirus outbreak* The European Commission has found a €8 billion Austrian scheme to compensate companies for damages related to the coronavirus outbreak to be in line with EU State aid (...)

The Italian Government adopts a collective action reform aimed at making collective action proceedings available beyond consumer law
University of Trento (Trento)
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University of Turin (Turin)
Introduction The new Italian collective action regime was adopted by law 12 April 2019, no. 31, but – after a further postponement occurred at the end of 2019 – it is now set to come into force on 19 November 2020. In particular, the remedy will only be available for claims filed after such (...)

The German Federal Ministry for Economic Affairs and Energy issues an update on the reform of national competition law
Court of First Instance of Namur (Namur)
On 24 January 2020, the German Federal Ministry for Economic Affairs and Energy published an update of its draft 10th amendment to the Act against Restraints of Competition (the “ARC”), officially called the “ARC Digitization Act”. Compared to the initial draft (see VBB on Competition Law, Volume (...)

Anticompetitive practices

The UK High Court time-bars a €480M follow-on damages claim against a smart card chip cartel after ruling that the claimants had sufficient information to support a reasonable claim when the EU Commission issued its statement of objections to the defendants (Gemalto / Thales / Infineon / Renesas)
Ashurst (London)
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Ashurst (London)
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Ashurst (London)
The English High Court has ruled that, on the facts of the case, claimants Gemalto had sufficient information about the smart card chips cartel to support a reasonable claim for damages at the point at which the European Commission issued its statement of objections to defendants Infineon and (...)

The EU Commission fines multiple banks €344 million for participating in a foreign exchange spot trading cartel (UBS / Barclays / RBS / HSBC / Credit Suisse)
DG COMP (Brussels)
Antitrust: Commission fines UBS, Barclays, RBS, HSBC and Credit Suisse €344 million for participating in a Foreign Exchange spot trading cartel* The European Commission has completed its cartel investigation into the Foreign Exchange (‘Forex’) spot trading market by imposing fines on five banks. (...)

The German Competition Authority publishes its guidelines on the premature deletion of an entry in the register for public procurement
German Competition Authority (Bonn)
Competition Register for Public Procurement – Bundeskartellamt publishes guidelines and practical guide on premature deletion of an entry due to self-cleaning* The Bundeskartellamt has today published guidelines on the premature deletion of an entry in the Competition Register and a practical (...)

The Portuguese Competition Court approves a settlement between a consumer protection association and the national land surveyors association based on a class action for damages due to alleged overcharging for surveying services (Ius Omnibus / ANT)
DLA Piper (Lisbon)
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DLA Piper (Lisbon)
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DLA Piper (Lisbon)
Competition law class actions in Portugal: first court-approved settlement* On 20 September 2021, the Portuguese Competition Court approved a settlement between Ius Omnibus, a non-profit consumer protection association, and the National Association of Land Surveyors (ANT), in the context of a (...)

The EU Court of Justice AG Rantos suggests that claims for damages are not time-barred as national legislation transposing EU directives are procedural and can therefore apply retroactively (Truck Cartel)
Universitat Pompeu Fabra
AG Rantos: Temporal scope of the Damages Directive, substantive and procedural provisions and limitation periods* Advocate General Rantos delivered his Opinion in a request of a preliminary ruling by a Spanish court (case C-267/20), the Audiencia Provincial of León, the appellate court in a (...)

The EU Court of Justice issues a long-awaited judgment clarifying the extent of an undertaking’s liability in follow-on actions (Sumal / Mercedes Benz Trucks España)
Portolano Cavallo (Milan)
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Portolano Cavallo (Milan)
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Portolano Cavallo (Milan)
On October 6, 2021, the Grand Chamber of the Court of Justice of the European Union (the “ECJ” or “Court”) issued a long-awaited decision in case C-882/19, Sumal SL (“Sumal”) v Mercedes Benz Trucks España SL (“MBTE”). The judgment shed light on whether, under EU competition law, the victim of an (...)

The EU Court of Justice issues its judgment concerning the question of whether a subsidiary can be held liable for the anti-competitive behaviour of its parent company (Sumal / Mercedes Benz Trucks España)
Latham & Watkins (Brussels)
Red pill or blue pill? The European Court of Justice makes its choice: subsidiaries can be held liable for the infringements of their parent companies (Case C-882/19 – Sumal)* On 6 October 2021, the European Court of Justice (ECJ) issued its very much-awaited judgment in case C-882/19 Sumal, (...)

The EU Court of Justice endorses downward liability by deciding that parties harmed by anticompetitive conduct may claim damages directly against subsidiary companies (Sumal / Mercedes Benz Trucks España)
Callol, Coca & Asociados (Madrid)
The Judgment of the European Union Court of Justice (CJEU) of 6 October 2021, Sumal, case C-882/19, addresses a request for a preliminary ruling from the provincial court of Barcelona in late 2019. The court is addressing the appeal brought by Sumal after the first instance court had dismissed (...)

The US State of California Superior Court for the County of Contra Costa awards $15 million in damages, plus attorney fees, to a cannabis company following a string of anticompetitive practices from its competitors (Richmond Compassionate Care Collective / Koziol)
Constantine Cannon (New York)
Budding Antitrust Activity in the Cannabis Industry: Lessons from Richmond Compassionate Care Collective v. Koziol* As the cannabis industry continues to blossom from the backwoods into a multi-billion dollar bonanza, the antitrust spotlight is poised to increasingly shine on the industry’s (...)

The US District Court for the Southern District of Florida rules that corporate-competitor plaintiffs may recover lost profits under the Florida Deceptive and Unfair Trade Practices Act (Tymar Distribution / Mitchell Group)
Jones Day (Miami)
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Winston & Strawn (Dallas)
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Jones Day (Miami)
Southern District of Florida Finds Lost Profits Recoverable for Corporate-Competitor Plaintiffs Under FDUTPA The Chief Judge of the Southern District of Florida has ruled that corporate-competitor plaintiffs may recover lost profits under the Florida Deceptive and Unfair Trade Practices Act (...)

The UK Competition Appeal Tribunal certifies the first competition class action on behalf of 46 million consumers who suffered loss as a result of anti-competitive interchange fees imposed by a payment company between 1992 and 2008 (Merricks / MasterCard)
Ashurst (London)
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Ashurst (London)
On 18 August 2021, the UK’s Competition Appeal Tribunal ("CAT") certified the application by Mr Walter Merricks CBE to bring an opt-out class action on behalf of 46 million UK consumers who suffered loss as a result of anticompetitive interchange fees imposed by Mastercard between 1992 and 2008. (...)

The US Court of Appeals for the Second Circuit dismisses antitrust claims against two Chinese pharmaceutical companies for reasons of international comity (Animal Science Products / Hebei Welcome Pharmaceutical)
Cleary Gottlieb Steen & Hamilton (New York)
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Cleary Gottlieb Steen & Hamilton (New York)
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Cleary Gottlieb Steen & Hamilton (New York)
The U.S. Court of Appeals for the Second Circuit recently issued a 2-1 decision in In re Vitamin C Antitrust Litig., dismissing antitrust claims against two Chinese pharmaceutical companies for reasons of international comity in a case that has lasted over 15 years. On August 10, 2021, the (...)

The US FTC withdraws from the remaining case against a pharmaceutical company after the Supreme Court decides to strip consumers of relief (AbbVie / Allergan)
US Federal Trade Commission (FTC) (Washington)
Federal Trade Commission Withdraws Remaining Case against AbbVie after Supreme Court Decision Strips Consumers of Relief* After the Supreme Court declined to review a ruling from the Third Circuit that AbbVie used sham litigation to illegally maintain a monopoly, the Federal Trade Commission (...)

The EU Court of Justice upholds the General Court’s ruling on the EU Commission’s duty to pay default interest on reimbursed fines (Printeos)
Ashurst (Brussels)
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Ashurst (Brussels)
On 20 January 2021 the European Court of Justice ("ECJ") upheld the General Court’s ruling on the European Commission’s duty to pay default interest on reimbursed fines as a form of restitutio in integrum, clarifying the rate to be applied and that late payment of interest will itself incur (...)

The EU Court of Justice makes a clear distinction between a cartel’s restrictive effects on competition and its damaging effects (Kilpailu- ja kuluttajavirasto)
CDC Cartel Damage Claims (Brussels)
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CDC Cartel Damage Claims (Brussels)
By judgement on the 14th of January 2021 in Case C-450/19, Kilpailu- ja kuluttajavirasto (‘Judgment’), the Court of Justice of the European Union (‘CJEU’) stated that an infringement of Art. 101 TFEU in bid-rigging cases ends with the conclusion of the works, goods or services contract. To reach (...)

The Paris Court of Appeal finds a significant imbalance in the long-term contractual relationship of the French incumbent parcel delivery operator and one of its clients (La Poste / Central Optics)
University Paris Saclay
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University Paris Saclay
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University Paris Saclay
Introduction In its ruling of the 7th January 2021, the Paris Court of Appeal applied the concept of "significant imbalance" in its anterior version now contained in Article L442-1 of the french commercial code. The notion of significant imbalance originates in consumer law and was extended to (...)

The Spanish Second-Instance Court reduces the overcharge in an appeal against a judgment awarding damages in the context of a follow-on action deriving from the EU Commission’s decision to fine a cartel of trucks manufacturers (Iveco / Trucks cartel)
Ashurst (Madrid)
On 18 December 2020, a Spanish second-instance court (Audiencia Provincial de Asturias, "APA") issued a ruling partially endorsing an appeal brought by IVECO S.a.P. ("IVECO") against a judgment awarding damages to one of its customers in the context of a follow-on action deriving from the EU (...)

The German Regional Court of Bonn dismisses a pesticide producer’s claim for state liability against the Competition Authority (BayWa)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 2 December 2020, the Regional Court of Bonn (“Court”) dismissed a claim of € 72.8 million by crop protection producer BayWa against the German Federal Cartel Office (“FCO”). BayWa argued that the FCO had violated its procedural rights, in particular the principle of equal treatment, in the (...)

The German Regional Court in Bonn dismisses plant protection wholesaler’s action to establish the Competition Authority’s liability (BayWa)
German Competition Authority (Bonn)
BayWa’s legal action to establish Bundeskartellamt’s liability dismissed* The action brought by BayWa AG, Munich, against the Bundeskartellamt to establish the authority’s liability was dismissed in full by the Regional Court in Bonn today (case no. 1 O 201/20). BayWa had filed a claim for (...)

The US District Court for the District of Delaware contradicts the Supreme Court precedent regarding patent settlements in the pharmaceutical sector (Chimicles Schwartz Kriner / Donaldson-Smith / Amgen / Teva / Watson / Actavis)
White & Case (New York)
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White & Case (Washington)
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White & Case (Washington)
A Nov. 30 decision by the U.S. District Court for the District of Delaware, In re: Sensipar Antitrust Litigation, contradicts controlling U.S. Supreme Court precedent and, if followed, could have significant implications for patent settlements well outside the pharmaceutical context in which it (...)

The Dutch Competition Authority allows insurers to introduce a joint scheme for handling vehicle-damage claims
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
ACM: insurers are allowed to introduce joint scheme for handling vehicle-damage claims* Insurers in the Netherlands are allowed to introduce a scheme that will enable them to handle cases involving damage to vehicles in a faster and more simplified manner. Currently, consumers that have (...)

The Russian Competition Authority forcibly returns the equivalent of €14 million into the state budget from former Mayor of Vladivostok, his family, and affiliated companies found guilty of collusion in the auctions for construction materials and supply of medicines (Igor Pushkaryov / MUE Roads of Vladivostok)
Russian Federal Antimonopoly Service (Moscow)
More Than 2.3 Billion Rubles of Illegal Income Was Returned to the State Budget* The funds were obtained as a result of collusions at auctions for the purchase of construction materials (1.4 billion rubles) and the supply of medicines and medical devices (900 million rubles) On October 20, (...)

The Romanian Government publishes an ordinance on actions for damages providing that cartel infringements are presumed to cause an overcharge of 20%
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 16 October 2020, the Romanian government published Ordinance No. 170/2020 on actions for damages in cases of violation of the competition law provisions and modifying and supplementing Romanian Competition Law No. 21/1996 (the “Ordinance”). The Ordinance provides that cartel infringements are (...)

The Regional Court of Dortmund estimates a cartel overcharge of at least 15% in the rail sector without involving any court-appointed economic experts (Rail cartel)
Hogan Lovells (Munich)
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Hogan Lovells (Munich)
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Hogan Lovells (Dusseldorf)
1. Introduction Determining the overcharge and, with that, the amount of cartel damages potentially suffered, is considered one of the most difficult aspects of cartel damages litigation in practice. The District Court of Dortmund (the “District Court”), known for its bold and innovative case (...)

The Regional Court of Dortmund quantifies cartel damage without consulting time and cost consuming court-approved experts (Rail cartel)
Bird & Bird (Dusseldorf)
The Regional Court of Dortmund is the first German court quantifying a cartel damage claim by estimating the amount of damage on the basis of § 287 of the Code of Civil Procedure of Germany. In contrast to the previous cases, the court quantified the damage amount without consulting time and (...)

The Dutch District Court of Noord-Nederland holds a former director personally liable for the North Sea shrimps cartel (Gerard Willem Breuker)
Bird & Bird (Amsterdam)
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Bird & Bird (The Hague)
Introduction On 23 September 2020 a former director of one of the North Sea shrimps cartelists was held personally liable for damage of over € 13 million by the Dutch District Court of Noord-Nederland (“Court”). According to the Court, the director’s personal involvement in the cartel qualified as (...)

The German Federal Court of Justice rules on a damages claim following a Commission decision sanctioning a cartel of truck manufacturers (Trucks cartel)
Ashurst (Munich)
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Ashurst (Frankfurt)
In a decision of 23 September 2020, published early January 2021, the German Federal Court of Justice ("BGH") rejected a follow-on damages claim filed against Daimler in relation to the European Commission’s ("Commission") Trucks decision. This is the first time that the highest German civil (...)

The UK Supreme Court hands down a judgment involving a software and a telecommunications company, providing answers to questions concerning the English Courts’ approach to FRAND disputes (Unwired Planet / Huawei)
Hogan Lovells (London)
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Hogan Lovells (London)
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Hogan Lovells (London)
The UK Supreme Court has handed down its long-awaited judgment in the Unwired Planet v Huawei and Conversant v Huawei & ZTE proceedings ([2020] UKSC 37), providing answers on several key questions concerning the English Courts’ approach to FRAND disputes. In a unanimous judgment, the (...)

The UK Supreme Court confirms that English courts may set the terms of global licences to portfolios of standard essential patents (Unwired Planet / Huawei)
Bristows (London)
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Bristows (London)
English courts given green light to set terms of global FRAND licences* On 26 August 2020, the UK Supreme Court (UKSC) gave its eagerly awaited judgment in Unwired Planet v Huawei and Conversant v Huawei & ZTE. In a unanimous policy-driven decision, the Court dismissed the appeals brought (...)

The UK Supreme Court confirms that it is possible to set global FRAND rates and global licences to portfolios of standard-essential patents (Unwired Planet / Huawei)
Baker Botts (Brussels)
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Baker Botts (Brussels)
The U.K. Supreme Court’s 26 August ruling on standard-essential patents (SEPs) is the latest in a series of recent decisions that are likely to have a profound effect on FRAND license negotiations across the globe, in particular for the next generation 4G and 5G mobile telecommunication (...)

The UK Competition Authority fines 3 pharmaceutical companies £2.3 million for having an anti-competitive agreement in the supply of the life-saving drug fludrocortisone and secures £8 million in damages for the National Health Service (Aspen / Amilco / Tiofarma)
United Kingdom’s Competition Authority - CMA (London)
CMA levies fines of £2.3m and secures £8m for NHS in pharma probe* The CMA has formally concluded that 3 pharmaceutical companies took part in an illegal arrangement in relation to the supply of life-saving medicine. The investigation by the Competition and Markets Authority into the supply of (...)

The German Lower Regional Court of Dortmund hands down a judgment regarding follow-on damages against a wholesale company for sanitary and heating products (Sanitary and heating cartel)
Ashurst (Frankfurt)
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Ashurst (Frankfurt)
On 8 July 2020, The German Lower Regional Court of Dortmund ("Court") recently handed down its ruling regarding follow-on damages against a specialist wholesale company for sanitary and heating products. Damages were sought following a fine of the German Federal Cartel Office ("FCO") relating (...)

The UK Supreme Court dismisses the two largest payment processing networks’ arguments on the basis that their multilateral interchange fees restricted competition but upholds grounds of appeal concerning the application of the “passing on” defense (Sainsbury’s / Visa / MasterCard)
Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
On 17 June 2020, the Supreme Court handed down a much anticipated judgment concerning the default multilateral interchange fees (MIFs) set by Mastercard and Visa (together, the Appellants). The case considered appeals relating to three separate damages actions brought by retailers against the (...)

The UK Supreme Court dismisses an appeal concerning the two largest payment processing networks on the basis that their multilateral interchange fees restricted competition (Sainsbury’s / Visa / MasterCard)
Van Bael & Bellis (Brussels)
On 17 June 2020, the UK Supreme Court dismissed Mastercard and Visa’s appeal against a 2018 ruling by the Court of Appeal of England and Wales and ruled that their multilateral interchange fees (“MIFs”) unlawfully restricted competition. The Supreme Court’s ruling potentially exposes Mastercard and (...)

The Paris Court of Appeal hands down an important judgment in a follow-on damages claim for the consequences of abusive practices in the telecommunications market (Orange / Digicel)
University Paris-Panthéon-Assas
On June 17, 2020, the Paris Court of Appeal handed down an important decision in the Digicel / Orange case. Digicel has indeed initiated an action to be compensated for the consequences of the abusive practices implemented in the Antilles-Guyana zone by Orange-Caraïbe and Orange between 2000 and (...)

The Paris Court of Appeal rejects an appeal against a follow-on damages claim by a rival telecommunications provider and grants a reduction in the amount of damages to be paid (Orange / Digicel)
Court of First Instance of Namur (Namur)
On 17 June 2020, the Paris Court of Appeal rejected Orange’s (formerly known as France Telecom) appeal against a follow-on damages claim by rival telecommunications provider Digicel (formerly known as Bouygues Telecom) but granted a reduction in the amount of damages to be paid of nearly € 100 (...)

The Paris Court of Appeal provides guidance in the context of an action for damages related to anti-competitive practices in the telecommunications sector (Orange Caraïbe / Digicel)
CDC Cartel Damage Claims (Brussels)
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CDC Cartel Damage Claims (Brussels)
On 17 June 2020, the Paris Court of Appeal (Court) delivered its judgment (Orange judgment) in which it ordered Orange to pay EUR 249.5 million (EUR 181.5 million in damages plus EUR 68 million in interest) to Digicel Antilles and Guyana, following the implementation by the former of a number (...)

The UK Supreme Court finds that payment card schemes used in supermarkets infringe competition law (Sainsbury’s / Visa / MasterCard)
Morgan Lewis (London)
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Morgan Lewis (London)
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Morgan Lewis (London)
On June 17, 2020, the UK Supreme Court handed down its judgment in the appeals on the lawfulness of multilateral interchange fees, or swipe fees, (MIFs) in Sainsbury’s Supermarkets Ltd (Respondent) v. Visa Europe Services LLC and Others (Appellants) and Sainsbury’s Supermarkets Ltd and Others (...)

The UK Supreme Court finds a competition law infringement caused by payment card schemes used in supermarkets (Sainsbury’s / Visa & MasterCard)
Hausfeld (London)
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Hausfeld (London)
The UK Supreme Court recently handed down its eagerly anticipated Judgment in respect of unlawful interchange fee claims against MasterCard and VISA, following almost a decade of litigation. The Judgment provides welcome clarity to merchant retailers as to the unlawfulness of MasterCard’s and (...)

The US District Court for the Northern District of California announces a $100,000 fine and sentences a former CEO to 40 months in prison for his role in a tuna price-fixing conspiracy involving two competitors (Bumble Bee Foods)
Hogan Lovells (Washington)
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Hogan Lovells (Washington)
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Hogan Lovells (Washington)
On 16 June 2020, the former CEO of Bumble Bee Foods LLC was sentenced to 40 months in prison and fined US$100,000 for his role in a tuna price-fixing conspiracy involving two competitors. This sentence is one of the most significant penalties ever imposed on a corporate executive in a criminal (...)

The EU Court of Justice receives a request for a preliminary ruling from the Léon Court of Appeal on the temporal application of the damages directive provisions on limitation and quantification of harm (Volvo / DAF Trucks)
CDC Cartel Damage Claims (Brussels)
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CDC Cartel Damage Claims (Brussels)
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CDC Cartel Damage Claims (Brussels)
In the aftermath of Directive 2014/104/EU (Directive), Spain appears to be one of the most active jurisdictions dealing with antitrust damages cases. In particular, a multitude of Spanish courts have been seized with actions for compensation in relation to the European Trucks Cartel (Case (...)

A Spanish Regional Court requests a preliminary ruling on the possibility of the retroactive application of the provisions concerning the period of limitation to bring damages actions (Volvo / Trucks)
Ecija & Asociados (Madrid)
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Bird & Bird (Madrid)
The application of the transitional regime of the Damages Directive (No. 2014/104), of 26 November 2014, has created legal uncertainty regarding the statute of limitations of damages claims. On 12 June 2020, the Regional Court of León referred questions to the European Court of Justice (ECJ) (...)

The US Court of Appeals for the Third Circuit overturns a district court decision certifying a class of direct purchaser plaintiffs without undertaking a rigorous analysis to resolve factual disputes, assess competing evidence, or weigh conflicting expert testimony (Lamictal)
McDermott Will & Emery (New York)
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Crowell & Moring (Washington)
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McDermott Will & Emery (Chicago)
The US Court of Appeals for the Third Circuit recently concluded in In re Lamictal Direct Purchaser Antitrust Litigation that a district court’s reliance on average prices to determine class-wide impact was insufficient. Instead, courts must conduct a rigorous analysis of the facts, evidence and (...)

The Ontario Superior Court of Justice certifies a $1.0 billion foreign exchange price-fixing class action in the banking sector (Mancinelli / Royal Bank of Canada)
Affleck Greene McMurtry (Toronto)
Superior Court Certifies $1.0 Billion Foreign Exchange Price Fixing Class Action* In his decision released earlier this Spring, Ontario Superior Court Justice Paul Perell certified a class action in Mancinelli v. Royal Bank of Canada claiming $1.0 Billion in damages against several large (...)

The US Court of Appeals for the Seventh Circuit clarifies whether a consumer who purchases from a distributor may hold a manufacturer liable for overcharges resulting from a conspiracy between the distributor and manufacturer in the passing on of a case between two healthcare providers (Marion Healthcare / Becton Dickinson & Company)
Hausfeld (New York)
Introduction In its recent decision in Marion Healthcare, LLC v. Becton Dickinson & Co., the Seventh Circuit added to the discussion among circuit courts as to whether and when a consumer who purchases from a distributor may hold a manufacturer liable for overcharges resulting from a (...)

The US Court of Appeals for the Seventh Circuit rules on the co-conspirator exception to the Illinois Brick rule against distributors in the healthcare market (Marion Healthcare / Becton Dickinson & Company)
Bona Law (San Diego)
The Seventh Circuit Explains the “Co-Conspiracy Exception” to the Illinois Brick Rule in Healthcare Antitrust Lawsuit* Antitrust law evolves in such a way that opinions from federal appellate courts are always interesting in how they affect the doctrine. But there are a select few judges who (...)

The UK Court of Appeal upholds the ruling of the Competition Appeal Tribunal in its schemes governing suppliers’ access to its infrastructure (Network Rail / RISQS)
Ashurst (London)
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Ashurst (London)
The Court of Appeal on 5 March 2020 handed down a judgment upholding the ruling of the Competition Appeal Tribunal ("CAT") of July 2019 which found Network Rail had infringed the Chapter I and II prohibitions of the Competition Act 1998 by requiring, in its schemes governing suppliers’ access to (...)

The UK Competition Appeal Tribunal rules on which part of the EU Commission’s settlement decision is binding on a defendant and that it is an abuse of process for defendants to deny in follow-on damages claims the findings that are contained in settlements (Trucks cartel)
Hausfeld (London)
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Hausfeld (London)
,
Hausfeld (London)
In an important judgment for follow- on damages claims, the Competition Appeal Tribunal has ruled that a number of findings made by the European Commission in its Trucks ‘settlement’ Decision are binding on the defendants and the Tribunal; and that, subject to limited exceptions, it is an abuse (...)

The UK Competition Authority closes its pharma probe by fining 4 companies more than £3.4 million and requiring a payment of £1 million directly to the NHS for breaches of competition law in relation to the supply of an antidepressant (King Pharmaceuticals / Accord-UK / Lexon / Alissa Healthcare Research)
United Kingdom’s Competition Authority - CMA (London)
Over £3m in fines and £1m for NHS in CMA pharma probe* Following an investigation, the CMA has found that 4 pharmaceutical companies broke competition law in relation to the supply of an antidepressant. The probe by the Competition and Markets Authority (CMA) into the supply of nortriptyline, a (...)

The German Federal Court of Justice provides guidance on the requirements for establishing liability and the assessment of evidence in cartel damages cases (Schienenkartell II)
Freshfields Bruckhaus Deringer (Berlin)
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Freshfields Bruckhaus Deringer (Berlin)
In its judgment of 28 January 2020, the Cartel Senate of the German Federal Court of Justice provided new guidance on the requirements for establishing liability and the assessment of evidence in cartel damages cases. In the initial proceedings, the plaintiff, a local transport company, sought (...)

The Madrid Commercial Court requests a preliminary ruling from the EU Court of Justice concerning the international competence of the court which was contested by defendants (RH / AB Volvo)
CDC Cartel Damage Claims (Brussels)
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CDC Cartel Damage Claims (Brussels)
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3C Compliance (Madrid)
Choice of forum delicti in EU-wide cartel damages cases (C-30/20, RH vs Volvo) Does Art. 7(2) Brussels I bis determine territorial jurisdiction within the EU Member States, Madrid Commercial Court asks EU Court of Justice. The request for a preliminary ruling from the Madrid Commercial Court (...)

The Paris Commercial Court grants interim measures to a large food retailer by requiring that one of its suppliers of non-alcoholic beverages resume its deliveries (Intermarché / Coca-Cola)
BCTG Avocats (Paris)
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BCTG Avocats (Paris)
Following the Coca Cola European Partners’ decision (hereinafter ’Coca-Cola’) to stop delivering its products to ITM Alimentaire International (hereinafter ’ITM’), ITM applied for interim measures before the Paris Commercial Court (hereinafter the “Court”) in early 2020. On January 16th, 2020, the (...)

Unilateral Practices

The UK Competition Authority grants a claim for damages against a railway company (Achilles / Network Rail Infrastructure)
Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
,
Cleary Gottlieb Steen & Hamilton (London)
The Competition Appeal Tribunal (CAT) has granted a claim for damages by Achilles Information Limited (“Achilles”) against Network Rail Infrastructure Limited (“Network Rail”). The Judgment is the CAT’s first damages award arising from a standalone claim since 2016, and follows the CAT’s earlier (...)

The Larnaca District Court issues an award of €257K to a grain distributor and retailer as a result of abuse of dominance by a cereal company (AGS Agrotrading / Cyprus Grain Commission)
Harris Kyriakides (Cyprus)
Cyprus Courts issue their first judgment awarding civil law damages for breach of competition laws. In the first decision issued by the Cyprus Courts on damages to a corporation as a result of infringement of competition laws, the Larnaca District Court awarded on 9 February 2022 the total (...)

The US FTC orders multiple pharmaceutical companies to provide up to $40 million in damages for monopolizing the drug "Daraprim" and bans their executives from working in the sector (Vyera Pharmaceuticals / Martin Shkreli / Kevin Mulleady)
US Federal Trade Commission (FTC) (Washington)
FTC, States to Recoup Millions in Relief for Victims Fleeced by ‘Pharma Bro’ Scheme to Illegally Monopolize Life-Saving Drug Daraprim* ’Pharma Bro’ Associate Mulleady banned from pharma industry and corporate defendants to pay up to $40 million; Trial set to begin next week for ‘Pharma Bro’ Martin (...)

The UK Competition Authority finds a breach in competition law by a price comparison website that leads to an opt-out collective claim based on the allegation that the website’s conduct led to higher prices of home insurance for consumers (ComparetheMarket)
Hausfeld (London)
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Hausfeld (London)
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Hausfeld (London)
London, 1 November 2021 - An opt-out collective claim on behalf of over 20 million UK consumers of home insurance has been filed today by Home Insurance Consumer Action against the companies behind Comparethemarket.com. The claim follows the Competition and Markets Authority’s finding last year (...)

The Chinese Intermediate People’s Court of Ningbo City enforces mandatory licensing for "essential facility" patents in an antitrust case (Ketian / Hitachi)
Jones Day (Hong Kong)
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Jones Day (Shanghai)
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Jones Day (Beijing)
In Short The Development: China’s Ningbo Intermediate People’s Court ruled that Hitachi Metals ("Hitachi") allegedly abused its dominance when it refused to license patents necessary for the production of sintered neodymium-iron-boron ("sintered NdFeB"). The Significance: This is the first case (...)

The UK Competition Appeal Tribunal provides guidance for post-Brexit permission to serve out of the jurisdiction applications and confirms that damages occasioned by anti-competitive conduct will not be narrowly construed (Epic Games / Apple / Google)
Hausfeld (London)
The Tribunal issued its combined permission to serve out of the jurisdiction judgment in Epic Games v Apple (the Apple Claim) and Epic Games v Google (the Google Claim) on 22 February 2021, declining permission for service on Apple Inc. and granting permission for service for a subset of (...)

The Paris Commercial Court rules that a Big Tech company should pay €1.27 million in antitrust damages for abuse of its dominant position in the online search advertising market (Oxone Technologies / Google)
Hausfeld (London)
Following a stand-alone claim filed by a directory enquiry services provider, the Paris Commercial Court ruled, on 10 February 2021, that Google holds a dominant position in the online search advertising market through Google Ads and abuses that position by setting up rules which are “neither (...)

The Paris Commercial Court imposes a €1.2 million fine on a Big Tech company for abuse of dominant position against a telephone directory services company (Oxone Technologies / Google)
Addleshaw Goddard (Paris)
In the context of a stand-alone action – which falls under the new provisions resulting from the transposition of the Damages Directive – the Paris Commercial Court ruling at first instance orders Google to pay EUR 1,2 million in damages to Oxone, a telephone directory services company. Oxone (...)

The UK Competition Authority publishes a notice of a standalone competition damages claim against a trade association for abusing its dominant position and engaging in anti-competitive agreements (International Tin Association)
Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
On 26 January 2021 the Competition Appeal Tribunal (CAT) published a notice of a standalone competition damages claim (brought under section 47A of the Competition Act 1998) by Kerilee Investments, a metal trader, against the International Tin Association, a UK based trade association. The (...)

The French Supreme Court confirms that the incumbent horse race betting operator abused its dominant position (PMU)
Van Bael & Bellis (Brussels)
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Hogan Lovells (Brussels)
On 14 October 2020, the French Supreme Court (“Cour de Cassation”) confirmed the Court of Appeals’ finding that horserace-betting company Pari Mutuel Urbaine (“PMU”) abused its dominant position in the market for physical horserace betting by pooling bets with those in the online market. (...)

The US Court of Appeals for the Federal Circuit reverses a judgment that upheld “skinny labels” and allowed a generic medicine to launch on uses not covered by a patent (GlaxoSmithKline / Teva)
Rutgers University (Camden)
On October 2, 2020, the U.S. Court of Appeals for the Federal Circuit vacated a district court’s judgment in favor of defendant Teva in a case involving “skinny labels.” GlaxoSmithKline LLC v. Teva Pharm. USA, Inc., 976 F.3d 1347 (Fed. Cir. 2020). When a drug can be used to treat multiple (...)

The US Court of Appeals for the Third Circuit upholds a lower Court’s ruling certifying a class of pharmaceutical drug purchasers alleging that the defendant engaged in anticompetitive behavior to maintain its monopoly over a drug (Indivior)
Hausfeld (Washington)
On July 28, 2020, a Third Circuit Court of Appeals panel unanimously upheld a lower court ruling certifying a class of Suboxone purchasers who alleged that the defendant Indivior Inc. engaged in anticompetitive behavior to maintain its monopoly over the drug. The Third Circuit panel rejected (...)

The German Federal Court of Justice issues a judgment in a case involving SEP licensing negotiations on FRAND terms between two companies active in the mobile telecommunications market (Sisvel / Haier)
Van Bael & Bellis (Brussels)
On 5 May 2020, the German Federal Court of Justice (Bundesgerichtshof - the “FCJ”) delivered a judgment in a case pitting Sisvel against Haier which deals with the licensing of Standard Essential Patents (“SEP”) on terms that are fair, reasonable and non-discriminatory (“FRAND”). This is the first (...)

The German Federal Court of Justice clarifies obligations of parties in SEP licensing negotiations on FRAND terms (Sisvel / Haier)
Van Bael & Bellis (Brussels)
In its judgment of 5 May 2020, the Federal Court of Justice (“FCJ”) overturned the appeal ruling of the Higher Regional Court of Düsseldorf (the “Düsseldorf Court”) and found that Haier’s mobile telephones and tablets infringed Sisvel’s standard-essential patent (“SEP”) and that Sisvel had not abused (...)

The Italian Court of Cassation rules on the limitation period of antitrust damages claims in two judgments in the telecommunications sector (Uno Communications / Telecom Italia) (Uno Communications / Vodafone Italia)
White & Case (Milan)
1.- Introduction By judgements issued on the 27th of February, 2020, No. 5381, and on the 3rd of April 2020, No. 7677, the Italian Court of Cassation (Corte di Cassazione) ruled that the antitrust damages claims brought by Uno Communications S.p.A. against Vodafone Italia S.p.A. and Telecom (...)

Mergers

The EU General Court dismisses a €1.7 billion claim for damages brought by a courier delivery services company in which it sought compensation for losses resulting from the Commission’s decision to block a merger with its rival (UPS / TNT)
White & Case (Brussels)
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White & Case (Brussels)
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White & Case (Brussels)
On 23 February 2022, the EU’s General Court (GC) dismissed a €1.7 billion claim for damages brought by United Parcel Service Inc. (UPS) against the European Commission (EC). UPS sought compensation for the losses resulting from the EC’s decision to block UPS’ merger with TNT NV (TNT). The GC, (...)

The EU General Court dismisses a damages action for EUR 1.74 billion brought by a courier delivery services company against the Commission for the losses and costs resulting from the annulment of a merger prohibition decision (UPS / TNT)
Ashurst (Brussels)
On 23 February 2022, the General Court dismissed UPS’s damages action for EUR 1.74 billion against the European Commission for the losses and costs resulting from the annulment of the UPS/TNT merger prohibition decision. Key takeaways Annulment of a merger prohibition decision will not (...)

The German Federal Court of Justice rules that where consideration in a public acquisition is not adequate shareholders may be entitled to sue
Morgan Lewis (Frankfurt)
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Morgan Lewis (Frankfurt)
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Morgan Lewis (Frankfurt)
RECENT CASE LAW RELATING TO PUBLIC TENDER OFFERS UNDER THE GERMAN SECURITIES ACQUISITION AND TAKEOVER ACT (WPÜG): The German Federal Court of Justice (FCJ) pronounced on November 23, 2021 two judgments in parallel proceedings that may have landmark effect. In contrast to the FCJ’s earlier (...)

The US Court of Appeals for the Fourth Circuit upholds the first divestiture order in an antitrust suit brought by a private party challenging a merger, years after the transaction in the door manufacturing sector (Steves & Sons / Jeld-Wen / CMI)
Baker Botts (Washington)
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Baker Botts (Washington)
On February 18, 2021, the U.S. Court of Appeals for the Fourth Circuit upheld the first divestiture order in an antitrust suit brought by a private plaintiff which challenged its rival’s acquisition four years after the transaction. Post-consummation merger challenges are rare and—until now—have (...)

The US Court of Appeals for the Fourth Circuit upholds its earlier decision ordering the divestiture of a corporate acquisition in a private antitrust lawsuit (Steves & Sons / Jeld-Wen / CMI)
Herbert Smith Freehills (New York)
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Latham & Watkins (London)
On March 22, 2021, the US Court of Appeals for the Fourth Circuit upheld its earlier decision ordering the divestiture of a corporate acquisition in a private antitrust lawsuit, where US merger control authorities had previously cleared the transaction. The decision represents the first time a (...)

The US State of Delaware Chancery Court issues an opinion in litigation between two health-insurance giants over a failed merger and confirms that neither is entitled to damages (Anthem / Cigna)
Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (Washington)
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Skadden, Arps, Slate, Meagher & Flom (New York)
On August 31, 2020, the Delaware Chancery Court issued an opinion in litigation between Anthem and Cigna related to the contract in their terminated merger. In its sprawling 306-page opinion, the court detailed a “corporate soap opera” in which the parties’ “battle for power spanned multiple acts.” (...)

Procedures

The EU General Court dismisses a €1.7B damages claim for a failed merger blocked by the Commission and later cleared by the Court of Justice (UPS / TNT)
Willkie Farr & Gallagher (Paris)
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Willkie Farr & Gallagher (London)
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Willkie Farr & Gallagher (Brussels)
The General Court of the European Union Dismisses a EUR 1.7 Billion Damages Claim Against the European Commission For a Failed Merger* On 23 February 2022, the General Court of the European Union (the "General Court") issued a landmark judgment dismissing a request to hold the European (...)

The Regional Court of Stuttgart finds bundled cartel damages claims through a legal services provider to be inadmissible (German State of Baden-Württemberg)
Hogan Lovells (Munich)
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Hogan Lovells (Munich)
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Hogan Lovells (Munich)
1. Background In Germany, the discussion about the admissibility of enforcing bundled and assigned cartel damages claims via a legal services provider enters the next round. As Germany does not offer claimants a true US- or UK-style class action regime claimants will seek alternative ways to (...)

The EU General Court awards a telecommunications company €1.8 million in damages, finding that the Commission had wrongly refused to pay default interest on the portion of a fine that the company had initially paid for an infringement of competition rules (Deutsche Telekom)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
In a judgment of 19 January 2022, the General Court of the European Union (“Court”) awarded Deutsche Telekom AG (“DT”) € 1.8 million in damages, finding that the European Commission (“Commission”) had wrongly refused to pay default interest on the portion of a fine that DT had initially paid for an (...)

The EU General Court awards €1.8M compensation in favour of a German telecommunications company against the EU Commission for failure to repay default interest due from wrongful assessment of abuse of dominant position in the Slovak market for broadband (Deutsche Telekom)
General Court of the European Union (Luxembourg)
The General Court awards Deutsche Telekom compensation in the amount of approximately € 1.8 million for the harm which it suffered as a result of the European Commission’s refusal to pay it default interest on the amount of the fine which it had unduly paid for an infringement of competition (...)

The US State of Delaware Chancery Court authorizes class-action claims of breach of fiduciary duty to proceed against a SPAC’s controlling shareholder and directors (Churchill Capital Corp. III / MultiPlan)
Cleary Gottlieb Steen & Hamilton (New York)
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Cleary Gottlieb Steen & Hamilton (New York)
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Cleary Gottlieb Steen & Hamilton (New York)
In one of the first opinions addressing fiduciary duty claims in the context of a transaction involving a special purpose acquisition company (“SPAC”), the Delaware Court of Chancery determined that the SPAC shareholders’ right to redeem can be undermined by insufficient disclosures regarding the (...)

The EU Court of Justice rules that it may be possible for a French court to assess damages arising from a defamatory claim made by a Hungarian company against a Czech company if some of the alleged damage occurred within France (Gtflix Tv / DR) New
Versailles Saint-Quentin-en-Yvelines University
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Versailles Saint-Quentin-en-Yvelines University
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Versailles Saint-Quentin-en-Yvelines University
This decision deals with a dispute between Gtflix, an adult film broadcaster based in the Czech Republic, and its competitor, DR, an adult film broadcaster and producer based in Hungary. Gtflix is seeking the removal of derogatory statements made by DR on several websites and internet forums (...)

The Italian Administrative Court of First Instance annuls a resolution from the Competition Authority to grant the alleged victim of antitrust infringement access to the infringement investigation file (Italcementi)
Portolano Cavallo (Milan)
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Portolano Cavallo (Milan)
On December 21, 2021, the Italian administrative court of first instance (“TAR Lazio”), which has jurisdiction to review the decisions of the Italian Competition Authority (AGCM or “ICA”), annulled a resolution from the latter to grant the alleged victim of an antitrust infringement access to the (...)

The English Court of Appeal clarifies the threshold for raising ‘off-setting’ defences in competition and other breach of duty claims (NTN / Stellantis)
Shearman & Sterling (London)
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Shearman & Sterling (Brussels)
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Shearman & Sterling (London)
English Court of Appeal Clarifies Threshold for Raising ‘Off-Setting’ Defences in Competition and Other Breach of Duty Claims Introduction and Summary The recent decision of the English Court of Appeal in NTN Corporation v. Stellantis concerned an appeal against a successful application to (...)

The Latvian Competition Authority publishes guidance for calculation and recovery of damages arising from violations of competition law
Latvian Competition Council (Riga)
The Competition Council has developed a methodological material for the calculation of damages and recovery of damages for violation of competition law* The Competition Council (the CC) has prepared methodological material for the calculation of losses and recovery of losses for violation of (...)

The UK Supreme Court dismisses a single claimant’s landmark class action attempt against a Big Tech company for alleged contraventions of data protection law, but lowers the bar for future representative actions (Google / Lloyd)
Covington & Burling (London)
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Covington & Burling (Brussels)
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Covington & Burling (London)
On 10 November 2021, the UK Supreme Court ruled in favour of Google in a landmark judgment against an attempt by a single claimant, Mr Richard Lloyd, to bring a representative action on behalf of a class of 4 million iPhone users relating to Google’s alleged contraventions of data protection (...)

The EU Court of Justice AG Rantos delivers an opinion on the temporal application of the Antitrust Damages Directive, confirming that the nature of the rules implementing the directive is determined by EU law and not national law (RM / Volvo / DAF)
CDC Cartel Damage Claims (Brussels)
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CDC Cartel Damage Claims (Brussels)
AG Rantos delivers a halfway opinion on the temporal application of the EU Antitrust Damages Directive (C-267/20, AB Volvo, DAF TRUCKS NV / RM)* In his opinion of 28 October 2021 (‘Opinion’), Advocate General (‘AG’) Rantos confirmed that the nature of the rules implementing the EU Damages (...)

The UK Competition Appeal Tribunal approves second and third ever collective proceeding applications for two stand-alone claims for abuse of dominance (Gutmann / South Western Trains) (Le Patourel / BT)
Hausfeld (London)
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Hausfeld (London)
The first Collective Proceedings Order (“CPO”) was made in the United Kingdom in opt-out collective competition proceedings in Merricks v Mastercard Inc. and Others] on 18 August 2021 (a practical inevitability after the Supreme Court’s judgment in that case). Hot on the heels of that decision, (...)

The UK Competition Appeal Tribunal approves a class representative for opt-out collective proceedings on behalf of train travelers in a landmark standalone claim for abuses of dominance by two rail franchises (Gutmann / South Western Trains)
Hausfeld (London)
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Hausfeld (London)
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Hausfeld (London)
In great news for train travellers today, the Competition Appeal Tribunal (CAT) has approved our client, Mr Justin Gutmann, as class representative in his landmark standalone claim for abuses of dominance by the South Western and Southeastern rail franchises. The claims aim to put a stop to (...)

The EU Court of Justice holds that a victim of anticompetitive conduct is entitled to seek damages from the subsidiary of an infringing parent company (Sumal / Mercedes Benz Trucks España)
Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
In its judgment of 6 October 2021, following a reference by the Provincial Court of Barcelona, the Court of Justice of the EU (CJEU) held that a victim of anti-competitive conduct is entitled to seek damages from the subsidiary (not referred to in the infringement decision) of an infringing (...)

The EU Court of Justice establishes in a long-awaited ruling conditions under which the victim of a competition law infringement may seek compensation from a subsidiary of the perpetrator (Sumal / Mercedes Benz Trucks España)
Van Bael & Bellis (Brussels)
On 6 October 2021, the European Court of Justice (“ECJ”) sitting in Grand Chamber clarified the notion of “undertaking” for the purposes of EU competition law in a long-awaited ruling (Case C-882/19, Sumal). The judgment establishes the possibility for the victim of a competition law infringement (...)

The EU Court of Justice issues a preliminary ruling clarifying the single economic unit doctrine in private enforcement providing an analysis that has far-reaching consequences on future damages claims across the EEA (Sumal / Mercedes Benz Trucks España)
CEU San Pablo University (Madrid)
Abstract: The determination of the liability of a subsidiary for the anticompetitive conduct of its parent company ignited, long time ago, a sharp debate between those advocating for the single economic unit doctrine and those supporting the corporate separability doctrine. This paper, after (...)

The EU Court of Justice confirms that follow-on damages actions can be brought against subsidiaries of companies found to have infringed EU competition law (Sumal / Mercedes Benz Trucks España)
Norton Rose Fulbright (Brussels)
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Covington & Burling (Brussels)
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Freshfields Bruckhaus Deringer (Brussels)
On 6 October 2021, a preliminary ruling of the Court of Justice of the European Union (“CJEU”) in Sumal confirmed that follow-on damages actions can be brought against subsidiaries of companies found to have infringed EU competition law. This note briefly analyzes the judgment and the (...)

The EU Court of Justice broadens the scope of follow-on damage claims by permitting actions against the subsidiaries of companies which have been found to have infringed competition law (Sumal / Mercedes Benz Trucks España) New
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Brussels)
On 6 October 2021, the CJEU issued its judgment in Case C-882/19, Sumal, S.L. v Mercedes Benz Trucks España, S.L. (EU:C:1987:418), and confirmed that follow-on damages actions can be brought against subsidiaries of companies found to have infringed EU competition law. The victim of an (...)

The UK Competition Appeal Tribunal certifies a well-publicized class action litigation against a financial services company (Merricks / Mastercard)
Shearman & Sterling (London)
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Shearman & Sterling (London)
,
Shearman & Sterling (Brussels)
The U.K. Competition Appeal Tribunal (CAT) last week certified the well-publicized Mastercard class action litigation. In our previous article (See Chris Collins, Elvira Aliende Rodriguez, Jonathan Swil, Ozlem Fidanboylu, The UK Supreme Court gives guidance on collective proceedings in (...)

The UK Competition Appeal Tribunal grants its first collective proceedings order in a class action (Merricks / Mastercard)
Skadden, Arps, Slate, Meagher & Flom (London)
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Skadden, Arps, Slate, Meagher & Flom (London)
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Skadden, Arps, Slate, Meagher & Flom (London)
After protracted challenges to class certification status, in Merricks v Mastercard the U.K. Competition Appeal Tribunal (CAT) granted its first collective proceedings order (CPO). The claim remains huge, comprising 46.2 million consumers, but Mastercard successfully persuaded the CAT to narrow (...)

The UK Competition Appeal Tribunal approves the first application for a collective proceedings order under the competition class action regime (Merricks / Mastercard)
Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
On 18 August 2021 the Competition Appeal Tribunal (CAT) approved the first application for a collective proceedings order (CPO) under the UK’s competition class action regime introduced in 2015, in Walter Hugh Merricks CBE v Mastercard Incorporated and Others. The application was initially (...)

The EU Court of Justice hands down a judgment following a request for a preliminary ruling on the interpretation of Article 7(2) of 1215/2012 on the jurisdiction, recognition, and enforcement of judgments in civil and commercial matters (RH / Volvo)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 15 July 2021, the Court of Justice of the European Union (“ECJ”) handed down a judgment following a request for a preliminary ruling on the interpretation of Article 7(2) of 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (“Brussels (...)

The German Federal Court of Justice decides that the bundling of claims was admissible through a legal service provider causing the judgment to receive a lot of attention from the competition litigation community (Air Berlin)
Hogan Lovells (Munich)
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Hogan Lovells (Munich)
Germany up to this point does not offer claimants a true US- or UK-style class action regime – a situation that is felt especially in the context of seeking compensation for cartel damages. Claimants have therefore found other ways to join forces and bundle their claims. The most notable method (...)

The Milan Court of Appeal rules on the probatory value of the Competition Authority’s findings in follow-on actions for damages (Vodafone)
Van Bael & Bellis (Brussels)
On 18 June 2021, the Court of Appeal of Milan issued a judgment in a damages action initiated against telecommunications provider Vodafone. This case stemmed from an investigation carried out by the Italian competition authority (“ICA”) into an abusive margin squeeze by Vodafone on the market for (...)

The US Court of Appeals for the Ninth Circuit clarifies class certification standards in an antitrust appeal (Olean Wholesale Grocery / Bumble Bee Foods)
Jones Day (San Francisco)
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Jones Day (San Francisco)
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Jones Day (Irvine)
The Ninth Circuit approved use of statistical analysis that relies on averaging but reversed class certification because the district court failed to resolve whether more than a de minimis number of putative class members were injured. On April 6, 2021, in Olean Wholesale Grocery Coop. v. (...)

The UK Court of Appeal dismisses a request for appeal as the Tribunal’s funding judgment does not fall within the ambit of section 49(1A) of the Competition Act (DAF Trucks)
Hausfeld (London)
,
Hausfeld (London)
Following a rolled-up hearing comprising a panel of three judges sitting as both the Court of Appeal and the Divisional Court, a judgment earlier this month has provided helpful clarity on two important aspects relating to the collective proceedings regime: (i) the extent to which litigation (...)

The UK Court of Appeal confirms that collective proceedings’ funding arrangements are not damages-based agreements (DAF Trucks)
Ashurst (London)
,
Ashurst (London)
On 5 March 2021, the Court of Appeal upheld a decision of the Competition Appeal Tribunal ("CAT") that the funding arrangements in place in two collective proceedings arising from the Trucks cartel are not damages-based agreements ("DBAs"). What you need to know - key takeaways The decision (...)

The Amsterdam Court of Appeal rules that Dutch courts have jurisdiction over damages claim resulting from an abuse of dominance on the Greek beer market (Macedonian Thrace Brewery / Athenian Breweries / Heineken)
European Court of Justice (Luxembourg)
On 16 February 2021, the Amsterdam Court of Appeal overturned the Amsterdam District Court’s ruling declining jurisdiction over the damages claim brought by MacedonianThrace Brewery (“MTB”) against Heineken’s subsidiary Athenian Breweries (“AB”). In 2014, the Hellenic Competition Commission (“HCC”) (...)

The Amsterdam Court of Appeal accepts jurisdiction regarding a damages claim in a case of abuse of dominance in the Greek beer market (Macedonian Thrace Brewery / Athenian Breweries / Heineken)
KPN (Amsterdam)
On 16 February 2021, the Amsterdam Court of Appeal (Court of Appeal) reversed a judgment of the Amsterdam District Court (District Court) in which the District Court declined jurisdiction in the damage claims brought by the Macedonian Thrace Brewery S.A. (MTB) against Athenian Brewery S.A. (AB) (...)

The German Federal Court of Justice rules in a private damages claim action concerning the German track cartel that lump-sum cartel damages clauses of 5% and up to 15% are permissible
Ashurst (Frankfurt)
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Ashurst (Munich)
In a decision of 10 February 2021, published at the end of April 2021, the German Federal Court of Justice ("FCJ") ruled in a private damages claim action concerning the German track cartel that lump-sum cartel damages clauses of 5% (as in the case at hand) and, more generally, of up to 15% (...)

The Czech Supreme Court lodges a request for a preliminary ruling regarding evidence disclosure under the EU Damages Directive
Bird & Bird (Prague)
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Bird & Bird (Prague)
The Czech Supreme Court lodged a request for a preliminary ruling (Case C-57/21) on 1 February 2021 regarding evidence disclosure under the EU Damages Directive 2014/104/EU. In the proceedings before Czech courts, a privately-owned transportation company RegioJet a.s. sued the state-owned (...)

The UK Supreme Court gives guidance on collective proceedings in competition appeal tribunal in the financial services sector (Merricks / Mastercard)
Shearman & Sterling (London)
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Shearman & Sterling (Brussels)
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Shearman & Sterling (London)
The Supreme Court has handed down its judgment in the case which concerned the test for the certification of collective proceedings within the context of a follow-on damages claim in the Competition Appeal Tribunal (CAT). The Supreme Court has dismissed Mastercard’s appeal; the case will now go (...)

The UK Supreme Court hands down a significant judgment relating to the certification of a £14bn opt-out competition collective action brought against a credit card company (Merricks / Mastercard)
Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
On 11 December 2020 the Supreme Court handed down a very significant judgment relating to the certification of a £14bn opt-out competition collective action brought by Walter Merricks against Mastercard, in respect of losses alleged to have resulted from the use of anti-competitive multilateral (...)

The UK Supreme Court dismisses the appeal of a financial services company, by upholding the decision of the Court of Appeal which in turn has a significant impact on future national collective proceedings (Merricks / Mastercard)
White & Case (London)
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White & Case (London)
In a landmark judgment (and in unusual circumstances), the UK Supreme Court has held that the ongoing Merricks v Mastercard case should be referred back to the Competition Appeal Tribunal (CAT). Not only is this a step towards Merricks’ claim that interchange fees were "an invisible tax on UK (...)

The UK Supreme Court dismisses a credit card company’s appeal against the Court of Appeal’s granting of a collective proceedings order (Merricks / Mastercard)
Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
Earlier today the Supreme Court handed down its hotly-anticipated judgment regarding the certification of an opt-out competition collective action brought by Walter Merricks against Mastercard. The claim is seeking £14bn in damages on behalf of some 46.2 million UK consumers, in respect of (...)

The UK Supreme Court dismisses the appeal of a financial services company in a class action related to an alleged overcharging of interbank fees (Merricks / Mastercard)
Covington & Burling (London)
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Covington & Burling (London)
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Covington & Burling (Brussels)
The UK Supreme Court has today ruled in favour of Walter Merricks, the former head of the UK Financial Ombudsman Service., in a hotly-anticipated judgment in the first opt-out competition class action brought in the UK. Background Mr Merricks is the proposed class representative for 46.2 (...)

The UK Supreme Court hands down an important judgment, allowing a £14 billion opt-out collective proceeding (Merricks / Mastercard)
Oxera (Oxford)
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Oxera (London)
The long-awaited UK Supreme Court judgment in Mastercard v Merricks (‘the Judgment’) was handed down last Friday morning. The Judgment allows a £14bn opt-out collective proceeding to proceed. The application for a collective proceeding, launched by Walter Hugh Merricks CBE in 2016, is the second (...)

The UK Supreme Court lowers the bar for certification of class actions when giving its judgment against a financial services company (Merricks / Mastercard)
Hogan Lovells (London)
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Hogan Lovells (London)
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Addleshaw Goddard (London)
In a key decision, the UK Supreme Court has given guidance on the threshold for certifying a class action for breach of competition law. The Court’s judgment in Mastercard v Merricks will make it easier to obtain class certification and will likely encourage a significant increase in class (...)

The UK Supreme Court receives actions from consumers and small businesses to seek redress for price-fixing and abuses of dominant power in the financial services sector (Merricks / Mastercard)
Hausfeld (London)
In 2015, the legislation introducing a UK collective litigation procedure for competition claims came into force – enabling consumers and small businesses to seek redress for the anti-competitive behaviours of price fixing and abuses of dominant power. Five years later, and such a collective (...)

The UK Supreme Court hands down a landmark judgment, finding that the Competition Appeal Tribunal incorrectly rejected an application for certification to bring collective proceedings (Merricks / Mastercard)
Bird & Bird (London)
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Bird & Bird (London)
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Bird & Bird (London)
The UK Supreme Court has handed down a landmark judgment, finding that the Competition Appeal Tribunal (CAT) incorrectly rejected an application for certification to bring collective proceedings. This decision sets out important clarifications on the framework to be applied by the CAT when (...)

The UK Supreme Court lowers the bar on certification for collective actions by dismissing a credit card company’s appeal (Merricks / Mastercard)
Ashurst (London)
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Ashurst (London)
In a highly anticipated ruling, the UK Supreme Court has dismissed Mastercard’s appeal against the principles established by the Court of Appeal (on appeal from the UK’s Competition Appeal Tribunal ("CAT")) in relation to the approval of class actions by the CAT. The case will now be remitted to (...)

The UK Supreme Court clarifies the low bar for class action certification (Merricks / Mastercard)
Skadden, Arps, Slate, Meagher & Flom (London)
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Skadden, Arps, Slate, Meagher & Flom (London)
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Skadden, Arps, Slate, Meagher & Flom (London)
On 11 December 2020, the U.K. Supreme Court (the Court) handed down its much-awaited ruling in Merricks v Mastercard, dismissing Mastercard’s appeal against the English Court of Appeal’s April 2019 decision in a 3-2 ruling. The main aspects of the decision are explained below: This ruling (...)

The UK Supreme Court remands a £14 billion class-action lawsuit against a credit card company back to the Competition Appeal Tribunal (Merricks / Mastercard)
Government Legal Department (London)
On 11 December 2020, the UK’s Supreme Court sent a planned £ 14 billion class action lawsuit against Mastercard back to the Competition Appeal Tribunal (“CAT”) for review. This is the first collective proceedings case of this kind to reach the Supreme Court and it addresses important questions (...)

The EU Court of Justice rules in favor of domestic undertakings, allowing them to sue Big Tech companies (Booking.com)
Hungarian Competition Authority (Budapest)
Amazon, Facebook, Google, Apple, Booking.com – domestic undertakings can also sue foreign ‘giants’ in Hungarian courts* The Court of Justice of the European Union adopted a decision which is significant and favourable for Hungarian undertakings as well: even the largest foreign platforms can be (...)

The UK Court of Appeal clarifies the ability of parties that settle EU Commission antitrust investigations to challenge the Commission’s findings in follow-on damages actions (Trucks cartel)
Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
The Court of Appeal has handed down an important judgment clarifying the ability of parties that settle European Commission (Commission) antitrust investigations to challenge the Commission’s findings in follow-on damages actions. The judgment concerns an appeal relating to a preliminary issue (...)

The UK Court of Appeal dismisses an appeal relating to the evidential weight to be given to recitals to an EU Commission infringement decision issued under the settlement procedure (Trucks cartel)
Ashurst (London)
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Ashurst (London)
On 11 November 2020, the Court of Appeal emphatically dismissed an appeal brought by five truck manufacturers against a judgment of the Competition Appeal Tribunal ("CAT") handed down in March 2020 relating to the evidential weight to be given to recitals to a European Commission infringement (...)

The UK Supreme Court hands down a judgment in a competition damages lawsuit and makes key observations on when a judicial decision of the EU courts is binding in other proceedings (Secretary of State for Health / Servier Laboratories)
Shearman & Sterling (Brussels)
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Shearman & Sterling (London)
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Shearman & Sterling (London)
Holds Findings Made by European Courts Cannot Be Relied on in Different Context in Other Proceedings On November 6, 2020 the U.K. Supreme Court handed down a judgment relating to the Servier U.K. competition damages litigation, in which it made key observations on when a judicial decision of (...)

The German Federal Court of Justice rules on passing-on defense in damages claims proceedings following a sanctioned cartel in the rail market (Rail cartel)
Van Bael & Bellis (Brussels)
In a recently published judgment of 23 September 2020, the German Federal Court of Justice (“FCJ”) ruled once again on the private damages claims of a public transport company following on from the Federal Cartel Office’s rail track cartel decision (see VBB on Competition Law, Volume 2012, No. 7 (...)

The Polish Competition Authority clarifies the procedure for individuals injured by competition law infringements to seek damages in court
Polish Competition Authority (Warsaw)
Have you suffered a loss due to anti-competitive practices? You may claim compensation* Individuals injured by anti-competitive practices may seek redress in the courts. President of UOKiK Tomasz Chróstny reminds that it is of no relevance to the case whether the decision on legal infringement (...)

The EU Commission provides helpful guidance to national judges on the disclosure of confidential information in competition law private enforcement cases
Hogan Lovells (Milan)
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Hogan Lovells (Milan)
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Hogan Lovells (Milan)
On 20 July 2020 the European Commission has adopted a non-binding Communication providing guidance to national judges on how to handle the disclosure of confidential information in proceedings for competition law private enforcement. The Communication, which contains a non-binding definition (...)

The EU Commission adopts Communication on the protection of confidential information in follow-on damages actions
European Court of Justice (Luxembourg)
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Van Bael & Bellis (Brussels)
On 20 July 2020, the European Commission (the “Commission”) adopted a communication on the protection of confidential information by national courts in follow-on damages proceedings (the “Communication”). The Damages Directive provides that national courts should have the ability to order (...)

The EU Commission adopts guidance for national courts when handling disclosure of confidential information in proceedings for the private enforcement of EU competition law
DG COMP (Brussels)
Antitrust: Commission adopts guidance for national courts when handling disclosure of confidential information* The European Commission has adopted a Communication on the protection of confidential information by national courts in proceedings for the private enforcement of EU competition law. (...)

The EU Commission adopts guidance for national courts when handling disclosure of confidential information
Callol, Coca & Asociados (Madrid)
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Callol, Coca & Asociados (Madrid)
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Callol, Coca & Asociados (Madrid)
The European Commission has adopted a communication on the protection of confidential information by national courts in proceedings for the private enforcement of EU competition law (Communication). The adoption follows a public consultation launched by the Commission last year inviting (...)

The US Congress approves the renewal and permanent extension of the Antitrust Criminal Penalty Enhancement and Reform Act
Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (New York)
On June 25, 2020, Congress approved the renewal and permanent extension of the Antitrust Criminal Penalty Enhancement and Reform Act (ACPERA or “the Act”), which limits the civil damages exposure of companies that cooperate with the Department of Justice (DOJ) in selfreporting their own (...)

The Prague Municipal Court terminates private damages proceedings concerning harm caused by an interior design cartel (Hyundai Motor Manufacturing Czech / Wiesner-Hager Project / Artspect / Iridium)
Skils (Prague)
Following a settlement the Municipal Court in Prague, on 26 May 2020, eventually terminated proceedings concerning follow-on cartel damages claim lodged by Hyundai Motor Manufacturing Czech originally against three companies, namely Wiesner-Hager Project, Artspect and Iridium. Background to (...)

The Regional Court of Munich dismisses follow-on damages claims totaling €600 million against participants in a truck cartel (Trucks Cartel)
Court of First Instance of Namur (Namur)
On 7 February 2020, the Regional Court of Munich (the “Court”) dismissed a follow-on claim for damages brought by litigation vehicle Financial right, a registered legal services company. The claim followed a 2016 fining decision of the European Commission (the “Commission”) against participants in (...)

The Amsterdam Court of Appeal rules that cartel damages claims filed by a claim vehicle are not time-barred under Spanish, Finnish, and Swedish law in the chemicals market (CDC / Kemira)
KPN (Amsterdam)
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Bird & Bird (The Hague)
On 4 February 2020, the Amsterdam Court of Appeal (“Court of Appeal”) ruled that cartel damage claims that were filed by claim vehicle CDC against Kemira were not time-barred under Spanish, Finnish and Swedish law. The Court of Appeal also dismissed Kemira’s challenge to the way in which the (...)

The German Federal Court of Justice defines in line with EU case law the substantive and procedural requirements for establishing causality in cartel-related damages actions (Rail Cartel)
University of Vienna
By its ruling in Rail Cartel II (Schienenkartell II), delivered on 28 January 2020, the German Federal Court of Justice (Bundesgerichtshof) has clarified the respective prerequisites to establish, on the one hand, causality which gives rise to liability (haftungsbegründende Kausalität), and on (...)

The Court of Milan decides that damages cannot be given to a company’s director based on simul stabunt simul cadent clauses
Portolano Cavallo (Milan)
Simul stabunt simul cadent clauses are clauses generally included in the by-laws of Italian companies whereby the termination of the office of one or more directors triggers termination of all the other directors’ offices. Such clauses are usually aimed at maintaining the same management (...)

Regulatory

The EU Parliament and Council adopt amendments to the Commission’s proposal for negotiating the final text of the Digital Markets Act
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 15 December 2021, the European Parliament (“Parliament”) adopted its position for negotiating the final text of the so-called Digital Markets Act (Regulation on contestable and fair markets in the digital sector)(“DMA”), shortly after the Council of the European Union (“Council”) had adopted its (...)

The Danish Government proposes a new competition act entailing several extensive and intrusive changes to the current one as part of the implementation of the ECN+ directive
Bird & Bird (Copenhagen)
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Bird & Bird (Copenhagen)
As a part of the implementation of the ECN+ Directive, a new competition act has been proposed by the Danish Government. The proposed competition act entails several extensive and intrusive changes to the current competition act. Accordingly, companies should be aware that these amendments will (...)

The German Ministry for Economic Affairs and Energy publishes the draft bill on the 10th amendment to the German Act against restraints of competition
Morgan Lewis (Frankfurt)
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Buntscheck (Munich)
The German Ministry for Economic Affairs and Energy has published the draft bill on the 10th amendment to the German Act against Restraints of Competition, which includes a proposal for the revision of abuse control in Germany. Such revision would be of high relevance for undertakings in the (...)

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