Class action & Damages claims

Foreword Class action & damages claims: have we finally found the "Courage" two decades since the EU’s top Court landmark judgment?

The judgement of the Court of Justice of the European Union in Courage and Crehan represented a landmark case in private enforcement in the EU. It recognised the right to full compensation in the EU stemming from the overarching principle of effectiveness of EU law. Since this judgment, we have seen a shy but gradual increase in damages claims for the infringement of competition law, several of which have reached the Court of Justice of the EU for further guidance and interpretation. This jurisprudential approach to damages claims lead the European legislator to adopt in 2014 the Damages Directive . Both the case law and the new rules have gradually removed procedural obstacles for individuals, companies, and public bodies to claim compensation following an antitrust infringement. This is still an area of law in evolution in which several questions remain open, particularly on the interface between public and private enforcement in what concerns leniency applications, as well as on the compensation of final consumers who ultimately foot the bill of infringers. This foreword takes stock of where we are in the EU two decades after the Courage judgement and reflects on the way forward.

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BEUC (Brussels)
Belgium 4 contributions 2303 visits

General antitrust

 The EU Court of Justice dismisses an airline’s challenge to the 2020 loan guarantees offered to a Nordic flag carrier by Sweden and Denmark (Ryanair)
European Court of Justice (Luxembourg)
Luxembourg 332 contributions 110826 visits
State aid to SAS during the COVID-19 pandemic: the Court of Justice definitively dismisses Ryanair’s actions concerning the loan guarantees put in place by Sweden and Denmark in April 2020* In April 2020, Denmark and Sweden gave notice to the Commission of two separate aid measures in favour (...)

The EU Court of Justice delivers the first in a series of judgments on appeals brought by an airline challenging the dismissal of its actions by the General Court in multiple cases seeking to annul various Commission decisions authorising aid to rivals during the COVID-19 pandemic (Ryanair)
Maastricht University (Maastricht)
Belgium 357 contributions 67047 visits
Compensation for Damage* Introduction On 28 September 2023, the Court of Justice, in case C-320/21 P, Ryanair v European Commission, delivered its first judgment in a series of appeals brought by Ryanair challenging the dismissal by the General Court of its action in multiple cases seeking (...)

The Indian Competition Authority opens consultation on the draft regulation governing commitment mechanism
Indian Competition Commission (New Delhi)
India 15 contributions 1513 visits
DRAFT CCI (COMMITMENT) REGULATIONS, 2023* The Competition Act, 2002 (Act) aims to prevent practices having adverse effect on competition, to promote and sustain competition in markets, to protect the interests of consumers and to ensure freedom of trade carried on by other participants in (...)

The Australian Federal Court confirms that the Government is not entitled to compensation for the delayed entry of generic clopidogrel into the Australian market (Sanofi / Apotex)
Ashurst (Melbourne)
Australia 1 contribution 76 visits
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Ashurst (Melbourne)
Australia 1 contribution 76 visits
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Ashurst (Melbourne)
Australia 1 contribution 76 visits
What you need to know The Commonwealth has failed in its appeal against a first instance decision which rejected the Commonwealth’s application for compensation from two originator pharmaceutical companies, Sanofi and Bristol-Myers Squibb (BMS). The Commonwealth was seeking compensation for (...)

The Spanish Court of Valencia applies the EU Court of Justice’s ruling on judicial damages estimation in a trucks cartel case (Tráficos Manuel Ferrer)
Allegro Consulting (Brussels)
Belgium 3 contributions 802 visits
Shortly after the publication of the Tráficos Manuel Ferrer judgment by the Court of Justice of the European Union (CJEU) in response to a request for a preliminary ruling (16 February 2023), the judge from the Valencia court who had referred the questions to the CJEU delivered his judgment in (...)

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 (Evans / O’Higgins)
Hausfeld (London)
United States 11 contributions 5165 visits
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 / Dabas aizsardzības pārvalde)
Maastricht University (Maastricht)
Belgium 357 contributions 67047 visits
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 the implementation of an arbitral award (Micula)
European Court of Justice (Luxembourg)
Luxembourg 332 contributions 110826 visits
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 (...)

The EU Commission approves a €2.55B Portuguese restructuring aid in favour of a national airline company and a €107M compensation for damages suffered due to COVID-19 pandemic (TAP Air Portugal)
European Commission - DG COMP (Brussels)
Belgium 1363 contributions 2939068 visits
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 (...)

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)
United Kingdom 27 contributions 13815 visits
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White & Case (Brussels)
Belgium 21 contributions 24834 visits
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White & Case (Brussels)
Belgium 35 contributions 13544 visits
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 €520M Italian scheme to compensate the trade fairs and congress sector for damages suffered due to the COVID-19 pandemic
European Commission - DG COMP (Brussels)
Belgium 1363 contributions 2939068 visits
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 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 (Brussels)
Belgium 62 contributions 28733 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 69 contributions 33269 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 79 contributions 60649 visits
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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)
Romania 160 contributions 29455 visits
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 legislation prohibiting abuse of dominance and requiring new thresholds for the State’s pre-merger notification system
White & Case (Washington)
United States 50 contributions 28450 visits
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White & Case (Washington)
United States 34 contributions 19757 visits
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White & Case (Washington)
United States 18 contributions 6823 visits
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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 (...)

The EU Commission approves €24.7M of Italian aid to compensate a national airline company for further damages suffered due to the COVID-19 pandemic (Alitalia)
European Commission - DG COMP (Brussels)
Belgium 1363 contributions 2939068 visits
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 (...)

The Russian Supreme Court adopts a decree providing clarifications on antitrust matters that arise in court proceedings
Herbert Smith Freehills (Moscow)
Russia 1 contribution 247 visits
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Herbert Smith Freehills (Moscow)
Russia 1 contribution 247 visits
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Mayer Brown (London)
United Kingdom 43 contributions 18243 visits
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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 (...)

The EU Commission publishes a report on the implementation of the Damages Directive finding insufficient application in practice
Bird & Bird (Brussels)
Belgium 42 contributions 12522 visits
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Allen & Overy (Brussels)
Belgium 28 contributions 3385 visits
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 EU Commission publishes a report on the implementation of the 2014/104/EU Damages Directive
Hausfeld (London)
United Kingdom 20 contributions 5401 visits
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Hausfeld (London)
United Kingdom 4 contributions 2045 visits
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 (...)

The US State of New York Senate proposes legislation to modernize its antitrust law and expand the State’s and private litigants’ ability to litigate against companies for anti-competitive conduct
Constantine Cannon (New York)
United States 3 contributions 2151 visits
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)
European Commission - DG COMP (Brussels)
Belgium 1363 contributions 2939068 visits
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 (...)

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)
European Commission - DG COMP (Brussels)
Belgium 1363 contributions 2939068 visits
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)
Italy 63 contributions 10414 visits
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 (...)

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)
European Commission - DG COMP (Brussels)
Belgium 1363 contributions 2939068 visits
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 (...)

The EU Commission approves €3.7 billion Swedish scheme to compensate companies for damages suffered due to the COVID-19 pandemic
European Commission - DG COMP (Brussels)
Belgium 1363 contributions 2939068 visits
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
European Commission - DG COMP (Brussels)
Belgium 1363 contributions 2939068 visits
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)
Italy 1 contribution 269 visits
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University of Turin (Turin)
Italy 7 contributions 8558 visits
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)
Belgium 224 contributions 47600 visits
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, (...)

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)
Belgium 34 contributions 8208 visits
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Van Bael & Bellis (Brussels)
Belgium 61 contributions 15342 visits
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 (...)

Anticompetitive practices

 The US Court of Appeals for the Eleventh Circuit overrules several objections to a $2.67B antitrust class action settlement agreement that was the product of years of negotiations between health insurance provider and classes of its past and present health plan subscribers (Blue Cross Blue Shield)
Covington & Burling (Washington)
United States 1 contribution 43 visits
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Covington & Burling (Washington)
United States 1 contribution 43 visits
On October 25, 2023, the Eleventh Circuit overruled several objections to a $2.67 billion antitrust class action settlement agreement that was the product of years of negotiations between Blue Cross and classes of its past and present health plan subscribers. Two objections, raised by Home (...)

The US Court of Appeals for the Eleventh Circuit affirms a class action settlement worth $2.7B for anticompetitive market allocation (Blue Cross Blue Shield)
Duane Morris (Chicago)
1 contribution 670 visits
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Duane Morris (Philadelphia)
United States 2 contributions 758 visits
Eleventh Circuit Affirms Blue Cross Blue Shield Insurers’ $2.67 Billion Class Action Settlement* Takeaways On October 25, 2023, in the litigation of In Re Blue Cross Blue Shield Antitrust Litigation, MDL No. 2406 (11th Cir. Oct. 25, 2023), a three-judge panel of the U.S. Court of Appeals (...)

The UK Competition Authority issues an infringement decision finding that a football club and a sports equipment retailer colluded to restrict competition in the sales of sports-branded clothing and replica kit (Leicester City FC / JD Sports)
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 27 contributions 8911 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 13 contributions 3532 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 1 contribution 204 visits
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CMA Fines Leicester City FC for Anticompetitive Pricing Practices* On 31 July 2023, the Competition and Markets Authority (CMA) issued an infringement decision finding that Leicester City Football Club and JD Sports had colluded to restrict competition in the sales of Leicester City-branded (...)

The UK Supreme Court rules that many litigation funding agreements are unlawful and unenforceable in relation to a collective damages claim against a cartel of truck manufacturers (Trucks Cartel)
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 2 contributions 2314 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 13 contributions 3532 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 3 contributions 488 visits
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Supreme Court Rules Most Litigation Funding Agreements are Unlawful* Over the past two decades, litigation funding in the UK has become increasingly important and more commonly used. Once deemed contrary to public policy and unlawful, litigation funding is now regarded as playing a (...)

The UK Supreme Court rules that litigation funding agreements are damage-based agreements and are likely unenforceable (Trucks Cartel)
Shearman & Sterling (London)
United Kingdom 6 contributions 1293 visits
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Shearman & Sterling (London)
United Kingdom 30 contributions 14350 visits
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Shearman & Sterling (London)
United Kingdom 23 contributions 14319 visits
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In a decision of major importance for litigation in the UK, the UK Supreme Court has held that litigation funding agreements (“LFAs”) under which a litigation funder receives a percentage of any damages recovered by the claimant are damages-based agreements (“DBAs”) for the purposes of s58AA (...)

The UK Supreme Court delivers a landmark decision to clarify the legal status of litigation funding agreements (Trucks Cartel)
University of East Anglia
United Kingdom 14 contributions 26609 visits
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Maitland Walker (London)
United Kingdom 1 contribution 92 visits
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Maitland Walker (Minehead)
1 contribution 92 visits
Competition litigation funding doesn’t grow on trees – unintended consequences of the UKSC’s PACCAR decision* The recent Supreme Court decision in PACCAR has put litigation funding in competition opt-out actions high on the agenda. In this blog post we critically analyse an obiter (...)

The UK Supreme Court rules that many litigation funding agreements are unenforceable (Trucks Cartel)
White & Case (London)
United Kingdom 14 contributions 35021 visits
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White & Case (London)
United Kingdom 27 contributions 13815 visits
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White & Case (London)
United Kingdom 2 contributions 337 visits
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In a heavy blow to the litigation funding industry, the UK Supreme Court has held that many litigation funding agreements are damages-based agreements and must comply with the relevant regulatory regime. Funders will be urgently reviewing their funding agreements amid widespread concern that (...)

The German Regional Court of Dortmund seeks clarity from the EU Court of Justice regarding the enforcement of cartel damage claims through the assignment model (ASG)
CDC Cartel Damage Claims (Brussels)
Belgium 2 contributions 121 visits
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CDC Cartel Damage Claims (Kaiserslautern)
Germany 2 contributions 121 visits
Effective enforcement of cartel damage claims through the assignment model: The preliminary ruling procedure before the CJEU in Case C-253/23 (ASG) – A Comment* The Regional Court of Dortmund has asked the Court of Justice of the European Union (CJEU) for a preliminary ruling on the access (...)

The Spanish Supreme Court delivers its first rulings on 15 private enforcement claims against the trucks cartel (Trucks Cartel)
IE Business School (Madrid)
Spain 3 contributions 367 visits
The Spanish Supreme Court Sentences the Trucks Cartel*Introduction Three weeks ago, the Spanish Supreme Court delivered its first rulings on damages claims in the trucks cartel. Given that Spanish courts have been the most active in the EU on this case (see the stream of judgments issued by (...)

The French Supreme Court provides guidance on the calculation of interests on damages resulting from a cartel, as well as on cartel participants’ contribution to compensation for such damages (Groupe Lactalis / Lactalis Nestlé / Lactalis beurres & crèmes)
Van Bael & Bellis (Brussels)
Belgium 2 contributions 185 visits
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Van Bael & Bellis (Brussels)
Belgium 3 contributions 276 visits
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Van Bael & Bellis (Brussels)
Belgium 43 contributions 12106 visits
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On 7 June 2023, the French Supreme Court issued a judgment providing guidance on the calculation of interests on damages resulting from a cartel, as well as on cartel participants’ contribution to compensation for such damages. On 11 March 2015, the French Competition Authority (“FCA”) fined (...)

The US DoJ files a proposed amended complaint and consent decree with a fourth poultry producer to address the long-running conspiracy to suppress workers’ wages (George’s Food)
US Department of Justice (Washington)
United States 181 contributions 79738 visits
Justice Department Files Proposed Amended Complaint and Consent Decree with Fourth Poultry Processor, Further Addressing Long-Running Conspiracy to Suppress Workers’ Compensation* Decree Prohibits the Exchange of Compensation Information, Requires Processor to Pay Restitution, and Subjects (...)

The Italian Court of Milan delivers a ruling in a private enforcement claim which extends the period of single and continuous infringement established by the EU Commission in Italy
Van Bael & Bellis (Brussels)
Belgium 3 contributions 325 visits
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Van Bael & Bellis (Brussels)
Belgium 31 contributions 5940 visits
On 15 May 2023, the Court of Milan delivered a judgment awarding damages in the context of a private enforcement action. The case constitutes a rare combination of a follow-on action based on a decision of the European Commission (“Commission”) of 2010 establishing a pan-European cartel in the (...)

The EU Court of Justice clarifies the binding effect of national competition authorities’ findings and the burden of proof in private damages claims (Repsol)
Linklaters (Brussels)
Belgium 3 contributions 1189 visits
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Linklaters (Brussels)
Belgium 1 contribution 655 visits
Private enforcement actions practice have been on the rise these last years. With increasing jurisprudence on the subject, successful cartel detection tools, and a stronger practical knowledge in this regard through key judgments, plaintiffs seek damages from anti-competitive behaviours in (...)

The EU Court of Justice confirms that the findings of national competition authorities have a binding effect on follow-on actions for damages and declarations of nullity (Repsol)
Van Bael & Bellis (Brussels)
Belgium 12 contributions 2526 visits
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Van Bael & Bellis (Brussels)
Belgium 34 contributions 8208 visits
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Van Bael & Bellis (Brussels)
Belgium 14 contributions 1651 visits
On 20 April 2023, the Court of Justice of the European Union (“ECJ”) handed down a preliminary ruling concerning the effect of national competition authorities’ (“NCAs”) final infringement decisions on follow-on actions for damages and for declarations of nullity, where the actions in question (...)

The EU Court of Justice confirms that the date of publication of the Commission’s decision in the EU Official Journal is an appropriate starting date for the limitation period applicable to private damages claims (QJ / IP / Deutsche Bank)
Van Bael & Bellis (Brussels)
Belgium 34 contributions 8208 visits
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Van Bael & Bellis (Brussels)
Belgium 14 contributions 1651 visits
On 6 March 2023, the European Court of Justice (“ECJ”) issued an order in Joined Cases C-198/22 and C-199/22 (QJ and IP v Deutsche Bank AG), upholding a national rule under which the limitation period for professionals and consumers alike to bring a private damages action starts to run as of (...)

The UK Competition Appeal Tribunal endorses the award of compound interest in a damages claim against the truck cartel as opposed to simple interest to reflect the “real world” and the economic and commercial reality of businesses (Royal Mail / DAF Trucks)
Hausfeld (London)
United Kingdom 4 contributions 1159 visits
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Hausfeld (London)
United Kingdom 3 contributions 601 visits
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Hausfeld (London)
United States 3 contributions 730 visits
How much is £1 from 1997 worth now? Such a question may appear very simple at the outset. However, ask it twice and you will probably obtain two different answers. Applied in the context of a damages claim in a lawsuit, a number of parameters need to be considered to properly address this (...)

The UK Competition Appeal Tribunal delivers a landmark ruling to confirm the applicability of compound interest in the calculation of damages, following a private claim against a truck cartel (Royal Mail / DAF Trucks)
Blackstone Chambers (London)
United Kingdom 23 contributions 5948 visits
The Competition Appeal Tribunal’s recent decision in the trucks cartel claim raises some serious questions about expert economic evidence. In this post I want to flesh out some of the challenges and then float some suggestions for improvements. The context Many readers will know the basic (...)

The Germany Federal Court of Justice rules that an exchange of secret information between competitors about pricing strategies for a common customer gives rise to a factual presumption of harm (Schlecker)
Fieldfisher (Düsseldorf)
Germany 2 contributions 130 visits
Introduction In the Schlecker case, (BGH, decision of 29 November 2022, KZR 42/20, Schlecker. The BGH’s press release can be found here.) the Federal Court of Justice (BGH) dealt with claims by a drugstore chain against manufacturers for damages on the grounds of excessive prices. In (...)

The German Federal Court of Justice extends the factual presumption of damages to anticompetitive information exchange to give a further boost to victims’ claims against cartels (KWR working group)
Blomstein (Berlin)
Germany 3 contributions 223 visits
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1 contribution 79 visits
Dirty laundry in the “KWR” working group A total of 15 manufacturers of branded drugstore products were involved in the so-called drugstore products cartel. From at least 2004 to 2006, they regularly informed each other about (planned) gross price increases and the status of negotiations (...)

The German Federal Court of Justice confirms that a factual presumption of harm exists in cases of anticompetitive information exchanges (Schlecker)
CDC Cartel Damage Claims (Brussels)
United States 5 contributions 3463 visits
On 5 January 2023, the German Federal Court of Justice (Bundesgerichtshof, BGH) published an important judgment in relation to follow-on damage actions relating to the so-called German drugstore products cartel (Case KZR 42/20). In its ruling, Germany’s highest civil court also confirmed a (...)

The US District Court for the Eastern District of California set to adjudicate a class action suit filed by a group of volunteer college baseball coaches against a national athletic association for alleged antitrust violations (Smart / NCAA)
Duane Morris (Philadelphia)
United States 2 contributions 758 visits
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Duane Morris (Philadelphia)
United States 1 contribution 88 visits
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Duane Morris (Philadelphia)
United States 1 contribution 88 visits
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On November 29, 2022, a group of volunteer college baseball coaches filed a proposed class action against the NCAA for alleged antitrust violations in the Eastern District of California. The plaintiffs in the case, captioned Smart, et al., v. NCAA, claim that by limiting the number of paid (...)

The US DoJ secures a fine exceeding $1M and restitution payments of more than $300K in a long-running insulation bid rigging cartel case (Axion Specialty Contracting)
US Department of Justice (Washington)
United States 181 contributions 79738 visits
Insulation Contracting Firm Sentenced for Rigging Bids* Third Defendant Sentenced in Investigation in the Insulation Contracting Industry Axion Specialty Contracting LLC (Axion) was sentenced to pay a $1,001,989 criminal fine and $313,121 in restitution on Nov. 4 in Bridgeport, (...)

The US DoJ achieves a guilty plea from a healthcare company that conspired to suppress wages for school nurses (VDA OC)
US Department of Justice (Washington)
United States 181 contributions 79738 visits
Health Care Company Pleads Guilty and is Sentenced for Conspiring to Suppress Wages of School Nurses* Company Admits to Criminal Allocation and Wage-Fixing Conspiracy Targeting Nurses Serving a Nevada School District VDA OC LLC (VDA), a health care staffing company, pleaded guilty and was (...)

The EU Commission updates its Guidance on the practice and policy of obtaining leniency in cartel cases
Mayer Brown (London)
United Kingdom 43 contributions 18243 visits
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Herbert Smith Freehills (Brussels)
Belgium 121 contributions 74306 visits
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Herbert Smith Freehills (Brussels)
Belgium 3 contributions 802 visits
Seeking to clarify its policy and encourage leniency applicants to come forward, the European Commission ("Commission") has published new guidance on its approach to leniency and its Leniency Notice. The new guidance comes in the form of Frequently Asked Questions ("FAQs"). The FAQs provide (...)

The US District Court of Missouri receives a complaint from a chess prodigy over an alleged boycott by several online chess platforms (Hans Niemann / Magnus Carlsen / Chess.com / Play Magnus / Daniel Rensch / Hikaru Nakamura)
Hogan Lovells (Berlin)
Germany 1 contribution 500 visits
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Hogan Lovells (Washington)
United States 1 contribution 500 visits
Niemann Makes the First Move: A Transatlantic Perspective on Chess Prodigy’s Group Boycott Claim Following cheating allegations and a ban from the popular online platform “Chess.com,” Chess Grandmaster Hans Niemann filed a lawsuit in the Eastern District of Missouri against Magnus Carlsen, (...)

The French Supreme Court confirms that harm cannot be presumed in resale price maintenance cases (Lorillard / AVGR)
Carrefour (Paris)
France 1 contribution 206 visits
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Concours de l’Autorité de la concurrence
France 1 contribution 206 visits
In a recent ruling, France’s highest appeals court (the Cour de cassation) set out its position on the question of the standard of proof regarding a vertical agreement and, more specifically, about the strict application of the material and temporal scope of the EU “Damages” directive of 26th (...)

The UK Competition Appeal Tribunal issues an opt-out certification decision in a class action filed against a Big Tech company (Liz Coll / Google)
Hausfeld (London)
United Kingdom 20 contributions 5401 visits
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Hausfeld (London)
United Kingdom 4 contributions 2045 visits
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Hausfeld (London)
United Kingdom 1 contribution 1508 visits
On 31 August 2022, the Competition Appeal Tribunal released its judgment in Elizabeth Helen Coll v Alphabet Inc. and Others [2022] CAT 39, which confirms that consumer champion Liz Coll is authorised to bring an opt-out collective claim against Google for alleged competition law infringements (...)

The US DoJ strikes plea deals with two companies which conspired to rig bids on piping and insulation projects in Connecticut (BC Flynn Contracting / Axion Specialty Contracting)
US Department of Justice (Washington)
United States 181 contributions 79738 visits
Two Companies Plead Guilty in Bid Rigging Scheme for Insulation Contracts* These are the Sixth and Seventh Defendants to Plead Guilty in this Investigation BC Flynn Contracting Corp. (BC Flynn) and Axion Specialty Contracting LLC (Axion) pleaded guilty yesterday in federal court in (...)

The US District Court for the Northern District of California issues a decision on a decertification order in a long-running class action dispute concerning a class-wide damages model (Freitas / Cricket Wireless)
Covington & Burling (Washington)
United States 1 contribution 757 visits
On July 29, Judge William Alsup of the Northern District of California issued a decertification order in a long-running class action dispute concerning Cricket Wireless’s 4G advertising, ruling that plaintiff’s counsel made “too critical a mistake” in fashioning their class-wide damages model. (...)

The EU Court of Justice provides increased clarity on the temporal scope of the Damages Directive (Volvo / DAF Trucks)
KU Leuven
Belgium 15 contributions 3493 visits
On 22 June 2022, the Court of Justice of the European Union (“ECJ”) clarified the temporal application of the Directive 2014/104/EU of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions (“Damages Directive”) to (...)

The EU Court of Justice rules on the temporal applicability of EU law on limitation periods and burden of proof in actions seeking antitrust damages (Volvo / DAF Trucks)
Portolano Cavallo (Milan)
Italy 63 contributions 10414 visits
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Portolano Cavallo (Milan)
Italy 36 contributions 7154 visits
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Portolano Cavallo (Rome)
Italy 2 contributions 238 visits
This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On June 22, 2022, the European Court of Justice (hereinafter, the “ECJ”) issued a judgement in Case C-267/20 clarifying the temporal application of certain (...)

The EU Court of Justice rules on the temporal applicability of the cartel damages directive and clarifies the statute of limitation in cartel damages (Volvo / DAF Trucks)
Hausfeld (Berlin)
Germany 7 contributions 1174 visits
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Hausfeld (Berlin)
Germany 2 contributions 494 visits
In its latest decision regarding the Trucks cartel the European Court of Justice (“ECJ“) once again clarified statute of limitation issues. Although the decision primarily dealt with the temporal applicability of the 2014 EU Damages Directive, it draws important implications for the (...)

The UK Competition Appeal Tribunal gives the go-ahead for a follow on damages claim in a vehicle cartel case (Trucks Cartel)
Ashurst (London)
United Kingdom 14 contributions 2622 visits
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Ashurst (London)
United Kingdom 3 contributions 617 visits
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Ashurst (London)
United Kingdom 7 contributions 1436 visits
This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 8 June 2022, the Competition Appeal Tribunal ("CAT") handed down judgment in respect of two applications for collective proceedings (heard jointly) (...)

The UK Competition Appeal Tribunal declines to certify two claims advanced against a number of UK banks for their participation in a forex spot rate manipulation cartel as opt-out collective proceedings (Evans / O’Higgins)
Ashurst (London)
United Kingdom 3 contributions 617 visits
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Ashurst (London)
United Kingdom 14 contributions 2622 visits
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Ashurst (London)
United Kingdom 7 contributions 1436 visits
On 31 March 2022, the Competition Appeal Tribunal (’CAT’) refused to certify two claims advanced against a number of UK banks for their participation in a foreign exchange spot rate manipulation cartel as opt-out collective proceedings. The novel issue before the CAT at the certification (...)

The England & Wales High Court dismisses a €480M follow-on damages claim against a smart card chip cartel on the ground that the suit is barred by the statute of limitations (Gemalto / Thales / Infineon / Renesas)
Ashurst (London)
United Kingdom 14 contributions 2622 visits
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Ashurst (London)
United Kingdom 7 contributions 1436 visits
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Ashurst (London)
United Kingdom 3 contributions 617 visits
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 €344M for participating in a foreign exchange spot trading cartel (UBS / Barclays / RBS / HSBC / Credit Suisse)
European Commission - DG COMP (Brussels)
Belgium 1363 contributions 2939068 visits
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 (...)

The German Competition Authority publishes its guidelines on the premature deletion of an entry in the register for public procurement
German Competition Authority (Bonn)
Germany 458 contributions 116966 visits
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 (...)

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 (Trucks Cartel)
Uria Menéndez (Madrid)
Belgium 2 contributions 184 visits
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 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)
Belgique 3 contributions 956 visites
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)
Spain 170 contributions 47292 visits
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 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)
Italy 63 contributions 10414 visits
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Portolano Cavallo (Milan)
Italy 36 contributions 7154 visits
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European Court of Justice (Luxembourg)
Luxembourg 4 contributions 1416 visits
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 (...)

The US State of California Superior Court for the County of Contra Costa awards $15M in damages, plus attorney fees, to a cannabis company following a string of anticompetitive practices from its competitors (Richmond Compassionate Care Collective / Koziol)
Mondelez International (New Jersey)
United States 2 contributions 561 visits
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 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)
Portugal 1 contribution 643 visits
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DLA Piper (Lisbon)
Portugal 20 contributions 28633 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 1 contribution 643 visits
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 (...)

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)
United States 2 contributions 414 visits
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Winston & Strawn (Dallas)
United States 1 contribution 197 visits
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Jones Day (Miami)
United States 1 contribution 197 visits
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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)
United Kingdom 14 contributions 2622 visits
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Ashurst (London)
United Kingdom 14 contributions 2607 visits
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 (...)

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)
United States 1 contribution 243 visits
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Cleary Gottlieb Steen & Hamilton (New York)
United States 1 contribution 243 visits
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Cleary Gottlieb Steen & Hamilton (New York)
United States 1 contribution 243 visits
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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)
United States 184 contributions 45936 visits
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 Commission’s duty to pay default interest on reimbursed fines (Printeos)
Ashurst (Brussels)
Belgium 12 contributions 6502 visits
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Ashurst (Brussels)
Belgium 37 contributions 9310 visits
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)
European Commission - DG COMP (Brussels)
Belgium 5 contributions 2597 visits
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CDC Cartel Damage Claims (Brussels)
Belgium 16 contributions 17454 visits
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 (...)

The Paris Court of Appeal finds a significant imbalance in the long-term contractual relationship between the French incumbent parcel delivery operator and one of its clients (La Poste / Central Optics)
Doctolib (Paris)
France 1 contribution 500 visits
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Bredin Prat (Brussels)
Belgium 1 contribution 500 visits
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Allen & Overy (Luxembourg)
Luxembourg 1 contribution 500 visits
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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 (...)

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)
Spain 14 contributions 2385 visits
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)
Belgium 32 contributions 4345 visits
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Van Bael & Bellis (Brussels)
Belgium 24 contributions 5068 visits
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)
Germany 458 contributions 116966 visits
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)
United States 3 contributions 1499 visits
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White & Case (Washington)
United States 9 contributions 3706 visits
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White & Case (Washington)
United States 11 contributions 1830 visits
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 (...)

The Dutch Competition Authority allows insurers to introduce a joint scheme for handling vehicle-damage claims
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36797 visits
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)
France 327 contributions 57329 visits
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%
KU Leuven
Belgium 15 contributions 3493 visits
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Van Bael & Bellis (Brussels)
Belgium 11 contributions 5942 visits
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 (...)

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)
Germany 39 contributions 4634 visits
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Hogan Lovells (Munich)
Germany 65 contributions 25586 visits
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Hogan Lovells (Düsseldorf)
Germany 4 contributions 1221 visits
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 (...)

The Regional Court of Dortmund quantifies cartel damage without consulting time and cost consuming court-approved experts (Rail cartel)
Bird & Bird (Dusseldorf)
Germany 12 contributions 2069 visits
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 (The Hague)
Netherlands 7 contributions 3936 visits
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Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 11 contributions 5263 visits
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 (...)

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)
Germany 9 contributions 1800 visits
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Ashurst (Frankfurt)
Germany 15 contributions 4258 visits
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 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)
Belgium 28 contributions 21367 visits
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Baker Botts (Brussels)
Belgium 15 contributions 5361 visits
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 Supreme Court confirms that English courts may set the terms of global licences to portfolios of standard essential patents (Unwired Planet / Huawei)
Bristows (London)
United Kingdom 3 contributions 4735 visits
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Bristows (London)
United Kingdom 1 contribution 266 visits
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 (...)

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)
United Kingdom 1 contribution 599 visits
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Hogan Lovells (London)
United Kingdom 1 contribution 599 visits
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Hogan Lovells (London)
United Kingdom 1 contribution 599 visits
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 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)
UK Competition & Markets Authority - CMA (London)
United Kingdom 408 contributions 104077 visits
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 (...)

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)
Germany 15 contributions 4258 visits
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Ashurst (Frankfurt)
Germany 4 contributions 325 visits
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 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)
Belgium 389 contributions 95176 visits
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 (...)

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)
Belgium 224 contributions 47600 visits
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 UK Supreme Court finds that payment card schemes used in supermarkets infringe competition law (Sainsbury’s / Visa / MasterCard)
Morgan Lewis (London)
United Kingdom 28 contributions 16521 visits
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Morgan Lewis (London)
United Kingdom 27 contributions 10123 visits
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Davis Polk (London)
United Kingdom 1 contribution 468 visits
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 partially dismisses an appeal concerning the two payment processing networks on the basis that their multilateral interchange fees restricted competition (Sainsbury’s / Visa / MasterCard)
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 27 contributions 8911 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 21 contributions 22416 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 5 contributions 747 visits
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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 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)
Belgium 16 contributions 17454 visits
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CDC Cartel Damage Claims (Brussels)
Belgium 1 contribution 164 visits
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 a competition law infringement caused by payment card schemes used in supermarkets (Sainsbury’s / Visa & MasterCard)
Hausfeld (London)
United Kingdom 5 contributions 1312 visits
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Hausfeld (London)
United States 6 contributions 1097 visits
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 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
France 7 contributions 12915 visits
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 (...)

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)
United States 3 contributions 706 visits
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Hogan Lovells (Washington)
United States 18 contributions 5333 visits
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Hogan Lovells (Washington)
United States 10 contributions 3528 visits
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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)
Belgium 16 contributions 17454 visits
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European Commission - DG COMP (Brussels)
Belgium 5 contributions 2597 visits
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CDC Cartel Damage Claims (Brussels)
Belgium 1 contribution 268 visits
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)
Spain 20 contributions 2233 visits
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Bird & Bird (Madrid)
Spain 29 contributions 4808 visits
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)
United States 6 contributions 1125 visits
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Crowell & Moring (Washington)
United States 17 contributions 2614 visits
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McDermott Will & Emery (Chicago)
United States 15 contributions 3465 visits
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 (...)

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)
Canada 1 contribution 338 visits
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 England & Wales Court of Appeal upholds a ruling which declared that the national rail track operator abused its dominance by restricting suppliers’ access to its infrastructure (Network Rail / RISQS)
Ashurst (London)
United Kingdom 35 contributions 17177 visits
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ADNOC Group (Abu Dhabi)
United Arab Emirates 29 contributions 5545 visits
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 (...)

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)
Freshfields Bruckhaus Deringer (New York)
United States 2 contributions 270 visits
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)
United States 22 contributions 3816 visits
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 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)
UK Competition & Markets Authority - CMA (London)
United Kingdom 408 contributions 104077 visits
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 (...)

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)
United Kingdom 1 contribution 268 visits
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Hausfeld (London)
United Kingdom 2 contributions 357 visits
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Ashurst (London)
United Kingdom 8 contributions 3359 visits
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 (...)

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)
Germany 2 contributions 743 visits
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European Court of Justice (Luxembourg)
Luxembourg 4 contributions 2855 visits
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)
Belgium 16 contributions 17454 visits
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European Commission - DG COMP (Brussels)
Belgium 5 contributions 2597 visits
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3C Compliance (Madrid)
Spain 3 contributions 511 visits
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 (...)

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)
France 6 contributions 1005 visits
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BCTG Avocats (Paris)
France 7 contributions 2859 visits
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, (...)

Unilateral Practices

 The UK Competition Appeal Tribunal receives a class action claim for £7B in damages against an online search giant for allegedly exploiting its market dominance to charge higher prices (Google / Nikki Stopford)
Hausfeld (London)
United Kingdom 7 contributions 2119 visits
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Hausfeld (London)
United Kingdom 1 contribution 168 visits
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Hausfeld (London)
United Kingdom 7 contributions 1801 visits
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A collective claim against Google was filed in the Competition Appeal Tribunal (CAT) arguing that the business has used its search engine dominance to shut out competition in mobile search. It is alleged that Google uses its market dominance to raise the prices paid by advertisers for (...)

The UK Competition Appeal Tribunal set to hear the first environmental class action claim brought under the domestic collective action regime against a water company (Severn Trent Water)
Baker McKenzie (London)
United States 3 contributions 518 visits
A claim against one of the UK’s largest water companies for allegedly misleading regulators about the number of times it discharged sewage into waterways has been brought in the Competition Appeal Tribunal (CAT) on behalf of the company’s eight million customers. It is the first time the “opt (...)

The US District Court for the District of Nevada grants a class certification to MMA fighters accusing their promoter of locking them into exclusive contracts that deterred fighters’ mobility and suppressed their wages for fighting bouts (Cung Le / Zuffa)
Bona Law (San Diego)
United States 2 contributions 104 visits
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Bona Law (New York)
France 2 contributions 164 visits
MMA & Monopsony: MMA Fighters Win Class Certification Bout in Employment Monopolization Case* In yet another important labor-monopsony case, a federal court in Nevada has declared a win for MMA athletes fighting against their promoter’s alleged misuse of monopsony power in the market for (...)

The Dutch District Court of Amsterdam accepts jurisdiction to adjudicate a damages claim against a Big Tech company fined by the EU Commission for abuse of dominance (Google Shopping)
Stek (Amsterdam)
Netherlands 1 contribution 104 visits
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Stek (Amsterdam)
Netherlands 1 contribution 104 visits
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Stek (Amsterdam)
Netherlands 1 contribution 104 visits
Jurisdictional Ruling against Google Confirms Sumal’s Liability Test: Setting a Precedent?* In a recent judgment of 31 May 2023, the Amsterdam District Court (the District Court) accepted jurisdiction to adjudicate a damages case against Google Netherlands B.V. (located in Amsterdam) as well (...)

The US DoJ and 8 State Attorneys General sue a Big Tech company for monopolizing digital advertising technologies, and for the first time in decades seek damages for a civil antitrust violation (Google)
US Department of Justice (Washington)
United States 181 contributions 79738 visits
Justice Department Sues Google for Monopolizing Digital Advertising Technologies* Through Serial Acquisitions and Anticompetitive Auction Manipulation, Google Subverted Competition in Internet Advertising Technologies Today, the Justice Department, along with the Attorneys General of (...)

The Chinese Supreme People’s Court issues a ruling on resale price maintenance in the automobile retail sector which is likely to prompt more follow-on antitrust litigation (Miao Chong / SAIC-GM)
Jones Day (Shanghai)
China 51 contributions 24149 visits
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Jones Day (Beijing)
China 13 contributions 2697 visits
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Jones Day (Beijing)
China 44 contributions 21125 visits
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In Short The Development: China’s Supreme People’s Court recently ruled for the plaintiff in Miao Chong v. SAIC-GM, which marked a rare triumph for a plaintiff in antitrust litigation as a follow-on to an administrative penalty decision. The plaintiff-consumer alleged that a joint venture (...)

The Brazilian Government enacts the Private Enforcement Package Regulations to boost antitrust damages actions
Magalhães e Dias (São Paulo)
Brazil 2 contributions 736 visits
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Magalhães e Dias (São Paulo)
Brazil 1 contribution 82 visits
Last November, on the 10th anniversary of the Brazilian Competition Act (Law No. 12,529/2012, or BCA), a long-expected regulation aiming at incentivizing actions for antitrust damages was enacted in Brazil (the so-called “Brazilian Private Enforcement Package” – BPEP, or Law No. 14,470/2022). (...)

The EU Court of Justice rules that national courts may hear claims under Article 102 TFEU for excessive railway infrastructure fees only after the sector regulator has ruled on the fees’ lawfulness (DB Station)
Van Bael & Bellis (Brussels)
Belgium 34 contributions 8208 visits
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Van Bael & Bellis (Brussels)
Belgium 61 contributions 15342 visits
On 27 October 2022, the European Court of Justice (“ECJ”) handed down a ruling on the permissibility of private damages claims for excessive railway infrastructure fees under Article 102 TFEU. The ECJ found that a national court is precluded from awarding damages for excessive fees until the (...)

The Polish Competition Authority fines a telecoms company for charging excessive costs for agreement termination (UPC Polska)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22761 visits
UPC Polska fined for excessive costs of agreement termination - decision of President of UOKiK* UPC’s customers had to pay more for termination of agreement concluded for a definite period than they would have to pay for its continuation. Tomasz Chróstny, President of the Office of Competition (...)

The Paris Court of Appeal rejects a damage claim based on an abuse of dominant position without definition of the relevant market (Schneider Electric)
LPA-CGR Avocats (Paris)
France 3 contributions 738 visits
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LPA-CGR Avocats (Paris)
France 2 contributions 116 visits
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LPA-CGR avocats
France 2 contributions 116 visits
In a decision dated March 9, 2022 (No. 19/19747), the Paris Court of Appeal ruled on a competition damage claim action for abuse of dominant position brought against Schneider Electric France and Schneider Electric SA by a company specializing in the installation, maintenance and repair of all (...)

The UK Competition Authority grants a claim for damages against a railway company (Achilles / Network Rail Infrastructure)
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 5 contributions 3247 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 27 contributions 8911 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 13 contributions 3532 visits
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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 (...)

The Larnaca District Court issues an award of €257K to a grain distributor and retailer as compensation for suffering from predatory pricing (AGS Agrotrading / Cyprus Grain Commission)
Harris Kyriakides (Cyprus)
Cyprus 2 contributions 844 visits
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 $40M 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)
United States 184 contributions 45936 visits
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’ (...)

The UK Competition Authority finds a breach of 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)
United States 6 contributions 1097 visits
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Hausfeld (London)
United Kingdom 11 contributions 1669 visits
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Hausfeld (London)
United Kingdom 5 contributions 1312 visits
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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 (...)

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)
Hong Kong 2 contributions 445 visits
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Jones Day (Shanghai)
China 51 contributions 24149 visits
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Jones Day (Beijing)
China 44 contributions 21125 visits
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 (...)

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)
United Kingdom 20 contributions 5401 visits
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 imposes a €1.2M fine on a Big Tech company for abuse of a dominant position against a telephone directory services company (Oxone Technologies / Google)
Addleshaw Goddard (Paris)
France 39 contributions 44496 visits
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 Paris Commercial Court rules that a Big Tech company should pay €1.27M in antitrust damages for abuse of its dominant position in the online search advertising market (Oxone Technologies / Google)
Hausfeld (London)
United States 3 contributions 730 visits
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 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)
France 12 contributions 3389 visits
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Herbert Smith Freehills (London)
United Kingdom 45 contributions 9654 visits
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Herbert Smith Freehills (London)
United Kingdom 60 contributions 21705 visits
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)
Belgium 23 contributions 24645 visits
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Hogan Lovells (Brussels)
Belgium 4 contributions 618 visits
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 (New Brunswick)
United States 26 contributions 25755 visits
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)
United States 7 contributions 1035 visits
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 clarifies obligations of parties in SEP licensing negotiations on FRAND terms (Sisvel / Haier)
Van Bael & Bellis (Brussels)
Belgium 24 contributions 5068 visits
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 (...)

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)
Belgium 163 contributions 56677 visits
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 (...)

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)
French Competition Authority (Paris)
France 3 contributions 855 visits
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 (...)

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 from wrongful assessment of abuse of dominant position in the Slovak market for broadband (Deutsche Telekom)
General Court of the European Union (Luxembourg)
Luxembourg 64 contributions 32622 visits
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 (...)

Mergers

 The EU General Court dismisses a damages action for €1.74B 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)
Belgium 4 contributions 755 visits
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 EU General Court dismisses a €1.7B 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)
Belgium 18 contributions 11997 visits
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McDermott Will & Emery (Brussels)
Belgium 19 contributions 7786 visits
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White & Case (Brussels)
Belgium 20 contributions 10570 visits
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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 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)
Germany 1 contribution 1875 visits
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Morgan Lewis (Frankfurt)
Germany 1 contribution 1875 visits
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Morgan Lewis (Frankfurt)
Germany 1 contribution 1875 visits
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)
Clifford Chance (Washington)
United States 11 contributions 2662 visits
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Baker Botts (Washington)
United States 2 contributions 575 visits
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 (...)

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)
United States 1 contribution 120 visits
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Latham & Watkins (London)
United Kingdom 3 contributions 373 visits
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 (...)

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)
United States 1 contribution 151 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 22 contributions 6861 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 21 contributions 5777 visits
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 (...)

Procedures

 The EU Court of Justice Advocate General Kokott delivers her opinion regarding the temporal application of the EU Damages Directive (Heureka Group / Google)
Skils (Prague)
Czech Republic 35 contributions 26238 visits
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Skils (Prague)
Czech Republic 1 contribution 131 visits
AG’s Opinion in Heureka – On The Temporal Application of EU Damages Directive and Why Does it (Not) Matter* Summary of Facts On 21 September 2023 the Advocate General Juliane Kokott presented her opinion in the Case C-605/21, Heureka Group a.s. v. Google LLC. The opinion addresses a (...)

The Higher Regional Court of Düsseldorf confirms the personal liability of the company’s statutory representatives in its managing corporate body for any consequential damages arising from the antitrust infringement (ArcelorMittal / Dörrenberg / Kind & Co. / Wiehl...)
Cleary Gottlieb Steen & Hamilton (Cologne)
Germany 1 contribution 131 visits
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Cleary Gottlieb Steen & Hamilton (Cologne)
Germany 3 contributions 611 visits
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Cleary Gottlieb Steen & Hamilton (Cologne)
Germany 2 contributions 167 visits
On July 27, 2023 , the Higher Regional Court of Düsseldorf ruled on the question of whether a company that has been fined under antitrust law can hold itself harmless by seeking indemnification from the statutory representatives in its managing corporate body. While the Higher Regional Court (...)

The UK Competition Appeal Tribunal clarifies the applicability of EU law on claims accrued before Brexit being litigated post-Brexit (Umbrella Interchange Fee)
Harcus Parker (London)
United Kingdom 5 contributions 2576 visits
The basis on which the European Court of Justice (CJEU) determined the start of the limitation period in Volvo AB and DAF Trucks NV v. RM (“Volvo”) was the question for determination before the UK Competition Appeal Tribunal (“CAT or the Tribunal”) in the Umbrella (“UM”) Merchant Interchange (...)

The UK Competition Appeal Tribunal issues a landmark decision and finds against arguments that it was required to follow post-Brexit EU case law developments where a competition law infringement took place before the completion of Brexit (Umbrella Interchange Fee)
Hausfeld (London)
United Kingdom 3 contributions 1191 visits
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Hausfeld (London)
United Kingdom 2 contributions 667 visits
In July 2023, the UK’s Competition Appeal Tribunal ruled that the European Court of Justice’s 2022 Volvo judgment on limitation periods did not change the Tribunal’s interpretation of English limitation rules. The Tribunal also found against arguments that it was required to follow post-Brexit (...)

The England & Wales Court of Appeal rules on the carriage of competition disputes at the CAT, affirming the CAT’s specialist role in competition class actions (Evans / O’Higgins)
Harcus Parker (London)
United Kingdom 1 contribution 530 visits
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Harcus Parker (London)
United Kingdom 5 contributions 2576 visits
Introduction The UK Court of Appeal recently ruled on a carriage dispute in competition collective proceedings at the Competition Appeal Tribunal (CAT or Tribunal). The CAT had ruled on 31 March 2022 in Evans v Barclays PLC & Ors / O’Higgins which, amongst other issues on appeal, raised (...)

The England & Wales Court of Appeal overturns the Competition Appeal Tribunal’s judgment and holds that collective action against six banking groups over alleged foreign exchange manipulation can proceed as ‘opt-out’ collective proceedings (Evans / O’Higgins)
Hausfeld (London)
United States 11 contributions 5165 visits
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Hausfeld (London)
United Kingdom 2 contributions 817 visits
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Hausfeld (London)
United Kingdom 1 contribution 365 visits
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London, 25 July 2023 – The Court of Appeal ruled today that FX Claim UK, the collective action brought by Phillip Evans against six banking groups over alleged foreign exchange manipulation, can proceed as ‘opt out’ collective proceedings. This ruling overturns the Competition Appeal (...)

The Spanish Competition Authority publishes guidelines to facilitate quantification of damages in private actions for competition law infringements
Spanish Competition Authority (CNMC) (Madrid)
Spain 143 contributions 31763 visits
The CNMC publishes guidelines to facilitate quantification of damages in private actions for competition law infringements.* Parties affected by these conducts can claim compensation from the infringers before the courts. The guidelines facilitate the determination of the amount of damages, (...)

The Austrian Supreme Cartel Court confirms that third parties not involved in cartel proceedings may only be granted access to the Cartel Court files if all the parties concerned agree
Austrian Competition Authority (Vienna)
Austria 64 contributions 7756 visits
Supreme Cartel Court confirms its ruling on third-party access to files in cartel proceedings* The Federal Cartel Act (KartG) stipulates under “Protection of business secrets and access to files” that third parties not involved in cartel proceedings may only be granted access to Cartel Court (...)

The Dutch Supreme Court announces its intention to refer preliminary questions to the EU Court of Justice on whether a follow-on damages claimant can use a parent company that is not addressed in the Competition Authority’s fining decision as an anchor defendant for jurisdiction under the Brussels Ibis Regulation (Macedonian Thrace Brewery / Heineken)
Lindenbaum (Amsterdam)
1 contribution 99 visits
MTB/Heineken and the Liability of the Undertaking: Another Round* Introduction The MTB/Heineken case concerns the question of whether a claimant in EU antitrust follow-on damages proceedings can use a parent company that is not addressed in an authority’s fining decision as an anchor (...)

The EU Court of Justice clarifies the scope of the right to full compensation and the recourse to judicial estimation of damages under the Damages Directive (Tráficos Manuel Ferrer)
Roschier (Stockholm)
Sweden 4 contributions 462 visits
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Van Bael & Bellis (Brussels)
Belgium 34 contributions 8208 visits
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Van Bael & Bellis (Brussels)
Belgium 14 contributions 1651 visits
On 16 February 2023, the Court of Justice of the European Union (“ECJ”) handed down a preliminary ruling in Case C-312/21 (Tráficos Manuel Ferrer) which clarified the circumstances under which the exercise of the right to full compensation is rendered ‘practically impossible or excessively (...)

The EU Court of Justice rules on the compatibility of national cost rules and judicial damages estimation in cartel damages claims (Tráficos Manuel Ferrer)
Hausfeld (Berlin)
Germany 7 contributions 1174 visits
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Hausfeld (Berlin)
Germany 2 contributions 494 visits
This time, the preliminary ruling concerns the bearing of costs by the claimant in the event of partial dismissal of its claim and the prerequisites under which the national court is entitled to estimate the damage. The Advocate General’s opinion had raised high expectations for the ECJ’s (...)

The EU Court of Justice rules that in partly upheld competition law damage claims a national rule can require the costs to be borne by all parties (Tráficos Manuel Ferrer)
European Court of Justice (Luxembourg)
Luxembourg 332 contributions 110826 visits
Actions for damages in respect of infringements of competition law: the relevant EU law does not preclude a national rule according to which, in the event that the claim is upheld in part, costs are to be borne by each party, who therefore bears half of the common costs* The information (...)

The EU Court of Justice provides some clarity on the compatibility of national cost rules and judicial damages estimation with EU primary law (Tráficos Manuel Ferrer)
University of Vienna
Austria 5 contributions 994 visits
The judgment of the European Court of Justice (CJEU) in Tráficos Manuel Ferrer (C-312/21) provides some clarity on the compatibility of national cost rules and judicial damages estimation with EU primary law – the effective enforcement of EU competition law – and the rules of the Damages (...)

The EU Court of Justice finds that a national court may order the disclosure of evidence during the course of damages proceedings, even if the proceedings have been stayed owing to the Commission’s initiation of an investigation concerning the same infringement (RegioJet)
European Court of Justice (Luxembourg)
Luxembourg 332 contributions 110826 visits
A national court may order the disclosure of evidence for the purpose of proceedings for damages connected with an alleged infringement of competition law, even if the proceedings have been stayed owing to the Commission’s initiation of an investigation concerning the same infringement* That (...)

The EU Court of Justice rules that national courts may order the disclosure of evidence in damages proceedings stayed pending a Commission investigation (RegioJet)
KU Leuven
Belgium 15 contributions 3493 visits
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London School of Economics and Political Science (London)
United Kingdom 1 contribution 358 visits
On 12 January 2023, the European Court of Justice of the European Union (“ECJ”) delivered a judgment in Case C-57/21, RegioJet, in which it clarified the provisions governing the disclosure of evidence contained in Directive 2014/104/EU of 26 November 2014 on certain rules governing actions (...)

The US Supreme Court denies a certiorari petition seeking to resolve a split by the Court of Appeals for the Ninth Circuit relevant to the litigation of class action matters (Olean Wholesale Grocery / Bumble Bee Foods)
Morgan Lewis (Los Angeles)
United States 1 contribution 158 visits
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Morgan Lewis (Houston)
United States 1 contribution 158 visits
The US Supreme Court denied a certiorari petition seeking to resolve circuit court splits relevant to the litigation of class action matters, including if and when class certification is appropriate where a significant portion of the class may be uninjured and on the use of representative (...)

The EU Court of Justice rules on the extent of evidence disclosure in competition litigation (PACCAR / DAF Trucks / AD and others)
Portolano Cavallo (Milan)
Italy 63 contributions 10414 visits
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Portolano Cavallo (Milan)
Italy 1 contribution 101 visits
On November 10, 2022, the Court of Justice of the European Union (the “CJEU”) handed down its preliminary ruling on Art. 5(1) of Directive 2014/104/EU (the “EU Damages Directive”), concerning the disclosure of evidence in antitrust litigation (the “Preliminary Ruling”). In a nutshell, the (...)

The EU Court of Justice rules that ‘relevant evidence’ under the Damages Directive is not limited to pre-existing documents (PACCAR / DAF Trucks / AD and others)
Van Bael & Bellis (Brussels)
Belgium 34 contributions 8208 visits
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Van Bael & Bellis (Brussels)
Belgium 14 contributions 1651 visits
On 10 November 2022, the European Court of Justice (“ECJ”) clarified the meaning of ‘relevant evidence’ within the meaning of Directive 2014/104/EU of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions (...)

The German Federal Court of Justice holds that arbitral awards that apply specific competition rules, including the abuse of dominance provision, are subject to a full review by the ordinary courts
Van Bael & Bellis (Brussels)
Belgium 24 contributions 5068 visits
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Van Bael & Bellis (London)
United Kingdom 1 contribution 108 visits
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Van Bael & Bellis (Brussels)
Belgium 61 contributions 15342 visits
In its landmark judgment of 27 September 2022 (KZB 75/21), the Bundesgerichtshof, the German Federal Court of Justice (“FCJ”), held that arbitral awards involving Sections 19 to 21 of the German Act against Restraints of Competition (“ARC”) related to the abuse of dominance, abuse of relative (...)

The US Court of Appeals for the Eleventh Circuit blocks the payment of incentives to class representatives and denies an en banc hearing on the grounds that it violates historical precedent, signalling a different approach to other Circuit Courts (Johnson / NPAS Solutions)
Hausfeld (New York)
United States 1 contribution 119 visits
Today, it is impossible to guess what law previously considered to be settled will be newly determined to violate historical precedent or the Constitution. In September 2020, the Eleventh Circuit decided in Johnson v. NPAS Solutions, LLC, that class representatives may no longer receive (...)

The German Federal Court of Justice opens the door to collective action claims in cartel cases (financialright)
Hausfeld (Berlin)
Germany 11 contributions 3129 visits
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Hausfeld (Berlin)
Germany 1 contribution 137 visits
With its recent decision in the financialright case the highest German civil court, the Federal Court of Justice (Bundesgerichtshof, “BGH”), clarified that the bundling of claims through an assignment to a legal service provider, the so-called assignment model, is allowed under German law. The (...)

The German Federal Court of Justice rules that enforcement by debt collectors of damages claims bundled through mass assignment is compliant with German law (Financialright)
Van Bael & Bellis (Brussels)
Belgium 32 contributions 4345 visits
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Van Bael & Bellis (Brussels)
Belgium 24 contributions 5068 visits
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Van Bael & Bellis (Brussels)
Belgium 11 contributions 5942 visits
On 13 June 2022, the German Federal Court of Justice (“FCJ”) ruled that the mass assignment of individual damages claims to a debt collector, who then brings a consolidated claim supported by a qualified lawyer, does not violate the German Legal Services Act (“LSA”). This judgment gives a (...)

The US Court of Appeals for the Seventh Circuit rejects “stealth” class action cases in an action against the Chicago Police (Ali / Miller)
Covington & Burling (San Francisco)
United States 1 contribution 67 visits
Can plaintiffs spring a class action on defendants in the late stages of a case? The Seventh Circuit recently answered no in Ali v. City of Chicago, 34 F.4th 594 (7th Cir. 2022), rejecting so-called stealth class actions and reaffirming a seemingly obvious rule: a class action “must be (...)

The UK Competition Appeal Tribunal in its recent FX judgment demonstrates willingness to strike out poorly pleaded claims and deny opt-out certification (Evans / O’Higgins)
Skadden, Arps, Slate, Meagher & Flom (London)
United Kingdom 1 contribution 100 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 62 contributions 28733 visits
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Skadden, Arps, Slate, Meagher & Flom (London)
United Kingdom 8 contributions 3725 visits
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Takeaways The CAT is willing to consider strike-out seriously at the certification stage. The CAT considered striking out the claims of its own motion, and warned the proposed class representatives that they should consider ‘significant amendment and revision’ of their claims to avoid (...)

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)
France 15 contributions 24900 visits
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Willkie Farr & Gallagher (London)
United Kingdom 1 contribution 179 visits
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Willkie Farr & Gallagher (Brussels)
Belgium 4 contributions 2738 visits
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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)
Germany 39 contributions 4634 visits
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Hogan Lovells (Munich)
Germany 3 contributions 1480 visits
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Hogan Lovells (Munich)
Germany 1 contribution 626 visits
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 (...)

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)
Belgium 34 contributions 8208 visits
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Van Bael & Bellis (Brussels)
Belgium 61 contributions 15342 visits
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 (...)

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)
United States 1 contribution 706 visits
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Cleary Gottlieb Steen & Hamilton (New York)
United States 1 contribution 706 visits
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Cleary Gottlieb Steen & Hamilton (New York)
United States 1 contribution 706 visits
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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 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)
Italy 63 contributions 10414 visits
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Portolano Cavallo (Milan)
Italy 36 contributions 7154 visits
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 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)
Versailles Saint-Quentin-en-Yvelines University
France 1 contribution 288 visits
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Versailles Saint-Quentin-en-Yvelines University
France 1 contribution 288 visits
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Versailles Saint-Quentin-en-Yvelines University
France 1 contribution 288 visits
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 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)
United Kingdom 6 contributions 1293 visits
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Shearman & Sterling (Brussels)
Belgium 21 contributions 10423 visits
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UK Competition & Markets Authority - CMA (London)
United Kingdom 8 contributions 3441 visits
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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 the calculation and recovery of damages arising from violations of competition law
Latvian Competition Council (Riga)
Latvia 124 contributions 24612 visits
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 (...)

The UK Supreme Court dismisses a single claimant’s 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)
United Kingdom 1 contribution 355 visits
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Covington & Burling (Brussels)
Belgium 1 contribution 355 visits
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Covington & Burling (London)
United Kingdom 6 contributions 1451 visits
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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 Trucks)
CDC Cartel Damage Claims (Brussels)
Belgium 16 contributions 17454 visits
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European Commission - DG COMP (Brussels)
Belgium 5 contributions 2597 visits
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 proceedings applications for two stand-alone claims of abuse of dominance (Gutmann / South Western Trains) (Le Patourel / BT)
Hausfeld (London)
United Kingdom 7 contributions 2119 visits
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Hausfeld (London)
United Kingdom 3 contributions 886 visits
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 (...)

The UK Competition Appeal Tribunal approves a class representative for opt-out collective proceedings on behalf of train travellers in a landmark stand-alone claim for abuses of dominance by two rail franchises (Gutmann / South Western Trains)
Hausfeld (London)
United States 11 contributions 5165 visits
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Hausfeld (London)
United Kingdom 7 contributions 2119 visits
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Ashurst (London)
United Kingdom 8 contributions 3359 visits
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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 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)
Spain 1 contribution 639 visits
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 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)
France 12 contributions 3389 visits
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Herbert Smith Freehills (London)
United Kingdom 45 contributions 9654 visits
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Herbert Smith Freehills (London)
United Kingdom 60 contributions 21705 visits
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)
Herbert Smith Freehills (Brussels)
Belgium 2 contributions 711 visits
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 (...)

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)
United Kingdom 26 contributions 23262 visits
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Wilson Sonsini Goodrich & Rosati (Brussels)
United States 2 contributions 593 visits
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Freshfields Bruckhaus Deringer (Brussels)
Belgium 2 contributions 615 visits
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)
McDermott Will & Emery (Brussels)
Belgium 50 contributions 9940 visits
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Allen & Overy (Brussels)
Belgium 22 contributions 5340 visits
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)
United Kingdom 23 contributions 14319 visits
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Shearman & Sterling (London)
United Kingdom 30 contributions 14350 visits
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Shearman & Sterling (Brussels)
Belgium 21 contributions 10423 visits
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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)
United Kingdom 4 contributions 559 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 62 contributions 28733 visits
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Skadden, Arps, Slate, Meagher & Flom (London)
United Kingdom 8 contributions 3725 visits
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 (...)

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)
United Kingdom 45 contributions 9654 visits
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Herbert Smith Freehills (London)
France 12 contributions 3389 visits
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Herbert Smith Freehills (London)
United Kingdom 60 contributions 21705 visits
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)
Belgium 11 contributions 5942 visits
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Van Bael & Bellis (Brussels)
Belgium 34 contributions 8208 visits
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 (...)

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)
Germany 3 contributions 1480 visits
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Hogan Lovells (Munich)
Germany 39 contributions 4634 visits
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 (...)

The Milan Court of Appeal rules on the probatory value of the Italian Competition Authority’s findings in follow-on actions for damages (Vodafone)
Van Bael & Bellis (Brussels)
Belgium 31 contributions 5940 visits
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 (...)

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)
United States 4 contributions 2627 visits
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Jones Day (San Francisco)
United States 1 contribution 710 visits
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Jones Day (Irvine)
United States 1 contribution 710 visits
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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 England & Wales Court of Appeal confirms that collective proceedings’ funding arrangements are not damages-based agreements (Trucks Cartel)
Ashurst (London)
United Kingdom 14 contributions 2622 visits
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Ashurst (London)
United Kingdom 7 contributions 1436 visits
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 England & Wales 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 (Trucks Cartel)
Hausfeld (London)
United Kingdom 5 contributions 1312 visits
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Hausfeld (London)
United Kingdom 11 contributions 1669 visits
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 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)
Netherlands 33 contributions 7381 visits
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. (...)

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)
Luxembourg 9 contributions 1998 visits
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 (...)

The German Federal Court of Justice rules in a private damages claim concerning the German track cartel that lump-sum cartel damages clauses of 5% and up to 15% are permissible
Ashurst (Frankfurt)
Germany 15 contributions 4258 visits
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Ashurst (Munich)
Germany 9 contributions 1800 visits
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 (RegioJet / České dráhy)
Bird & Bird (Prague)
Czech Republic 25 contributions 4468 visits
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Dentons (Prague)
Czech Republic 14 contributions 3327 visits
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 remands a £14 billion class-action lawsuit against a credit card company back to the Competition Appeal Tribunal (Merricks / Mastercard)
Government Legal Department (London)
United Kingdom 18 contributions 2553 visits
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 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)
United Kingdom 1 contribution 145 visits
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Bird & Bird (London)
United Kingdom 1 contribution 145 visits
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Bird & Bird (London)
United Kingdom 28 contributions 3652 visits
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 for certification of class actions when giving its judgment against a financial services company (Merricks / Mastercard)
Hogan Lovells (London)
United Kingdom 1 contribution 147 visits
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Hogan Lovells (London)
United Kingdom 1 contribution 147 visits
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Addleshaw Goddard (London)
United Kingdom 1 contribution 147 visits
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 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)
United Kingdom 6 contributions 1451 visits
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Covington & Burling (London)
United Kingdom 4 contributions 506 visits
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Covington & Burling (Brussels)
Belgium 49 contributions 18314 visits
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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 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)
United States 11 contributions 5165 visits
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 lowers the bar on certification for collective actions by dismissing a credit card company’s appeal (Merricks / Mastercard)
Ashurst (London)
United Kingdom 14 contributions 2622 visits
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Ashurst (London)
United Kingdom 7 contributions 1436 visits
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 (...)

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)
United Kingdom 1 contribution 188 visits
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Herbert Smith Freehills (London)
United Kingdom 45 contributions 9654 visits
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Herbert Smith Freehills (London)
France 12 contributions 3389 visits
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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 (...)

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)
United Kingdom 27 contributions 13815 visits
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White & Case (London)
United Kingdom 12 contributions 2950 visits
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)
United Kingdom 45 contributions 9654 visits
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Herbert Smith Freehills (London)
France 12 contributions 3389 visits
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Herbert Smith Freehills (London)
United Kingdom 2 contributions 566 visits
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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 gives guidance on collective proceedings in competition appeal tribunal in the financial services sector (Merricks / Mastercard)
Shearman & Sterling (London)
United Kingdom 3 contributions 491 visits
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Shearman & Sterling (Brussels)
Belgium 21 contributions 10423 visits
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Shearman & Sterling (London)
United Kingdom 6 contributions 1293 visits
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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 (...)

The UK Supreme Court clarifies the low bar for class action certification (Merricks / Mastercard)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 62 contributions 28733 visits
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Skadden, Arps, Slate, Meagher & Flom (London)
United Kingdom 8 contributions 3725 visits
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Steptoe & Johnson (London)
United Kingdom 4 contributions 916 visits
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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 hands down an important judgment, allowing a £14 billion opt-out collective proceeding (Merricks / Mastercard)
Oxera (Oxford)
United Kingdom 2 contributions 1932 visits
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Oxera (London)
United Kingdom 1 contribution 264 visits
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 (...)

The UK Supreme Court rules that a prominent collective proceedings case should be referred back to the Competition Appeal Tribunal (Merricks / Mastercard)
White & Case (London)
United Kingdom 27 contributions 13815 visits
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White & Case (London)
United Kingdom 12 contributions 2950 visits
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White & Case (London)
United Kingdom 1 contribution 53 visits
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. 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 (...)

The EU Court of Justice rules in favor of domestic undertakings, allowing them to sue Big Tech companies (Booking.com)
Hungarian Competition Authority (Budapest)
Hungary 95 contributions 19872 visits
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 (...)

The England & Wales Court of Appeal dismisses an appeal relating to the evidential weight to be given to recitals in EU Commission infringement decisions issued under the settlement procedure (Trucks Cartel)
Ashurst (London)
United Kingdom 14 contributions 2622 visits
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Ashurst (London)
United Kingdom 7 contributions 1436 visits
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 England & Wales 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)
United Kingdom 5 contributions 3247 visits
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Cleary Gottlieb Steen & Hamilton (London)
Belgium 32 contributions 38684 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 27 contributions 8911 visits
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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 (...)

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)
Belgium 21 contributions 10423 visits
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Shearman & Sterling (London)
United Kingdom 30 contributions 14350 visits
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Financial Conduct Authority (London)
United Kingdom 2 contributions 589 visits
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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 Austrian Supreme Court holds that the concept of ‘causal link’ in damages actions brought for a breach of Articles 101/102 TFEU is a mere ‘factual’ one in a judgment concerning the elevator cartel (Otis II)
European Court of Justice (Luxembourg)
Luxembourg 23 contributions 30007 visits
1. Factual and legal background By judgment of 21 October 2020 in Case 9 Ob 86/19s, the Austrian Supreme Court acting as appellate court in civil law matters (Oberster Gerichtshof als Rekursgericht in Zivilrechtssachen) ruled, after having resumed proceedings upon referral back of the case (...)

The German Federal Court of Justice rules on the passing-on defense in damages claims proceedings following a sanctioned cartel in the rail market (Rail cartel)
Van Bael & Bellis (Brussels)
Belgium 24 contributions 5068 visits
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. (...)

The Polish Competition Authority clarifies the procedure for individuals injured by competition law infringements to seek damages in court
Polish Competition Authority (Warsaw)
Poland 120 contributions 22761 visits
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 (...)

The EU Commission provides helpful guidance to national judges on the disclosure of confidential information in competition law private enforcement cases
Bocconi University (Milan)
Italy 11 contributions 4165 visits
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Hogan Lovells (Milan)
Italy 1 contribution 219 visits
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Hogan Lovells (Milan)
Italy 4 contributions 1375 visits
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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 guidance for national courts when handling disclosure of confidential information in proceedings for the private enforcement of EU competition law
European Commission - DG COMP (Brussels)
Belgium 1363 contributions 2939068 visits
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 (...)

The EU Commission adopts guidance for national courts when handling disclosure of confidential information
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47292 visits
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Callol, Coca & Asociados (Madrid)
Spain 61 contributions 4236 visits
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Callol, Coca & Asociados (Madrid)
Spain 65 contributions 22347 visits
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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 EU Commission adopts Communication on the protection of confidential information in follow-on damages actions
European Court of Justice (Luxembourg)
Luxembourg 9 contributions 1998 visits
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Van Bael & Bellis (Brussels)
Belgium 11 contributions 5942 visits
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 US Congress approves the renewal and permanent extension of the Antitrust Criminal Penalty Enhancement and Reform Act
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 21 contributions 8688 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 21 contributions 5777 visits
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)
Czech Republic 35 contributions 26238 visits
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 German Regional Court of Munich dismisses follow-on damages claims totalling €600M against participants in a truck cartel (Trucks Cartel)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 47600 visits
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 (...)

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)
Netherlands 33 contributions 7381 visits
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Bird & Bird (The Hague)
Netherlands 34 contributions 8942 visits
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)
Transact Risk Partners (Amsterdam)
2 contributions 543 visits
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 (...)

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)
Italy 3 contributions 288 visits
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 reach a provisional agreement on new rules which govern the environmental claims of businesses
Ashurst (Milan)
Italy 103 contributions 30280 visits
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Ashurst (Brussels)
Belgium 4 contributions 924 visits
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Ashurst (London)
United Kingdom 16 contributions 4255 visits
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On 19 September 2023, the European Parliament and Council reached a provisional agreement on new rules governing environmental claims. This follows the European Commission’s proposal for a Directive (the Green Claims Directive) which was published in March 2023. Specifically, the Directive (...)

The Danish Government proposes a new competition act entailing several extensive and intrusive changes to the current one as part of implementing the ECN+ Directive
Bird & Bird (Copenhagen)
Denmark 9 contributions 3995 visits
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Bird & Bird (Copenhagen)
Denmark 36 contributions 8333 visits
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 (...)

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)
Germany 8 contributions 2947 visits
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Buntscheck (Munich)
Germany 3 contributions 1062 visits
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 (...)