Class actions

Foreword Class actions & competition law: An overview of EU and national case law

In response to the growing global integration of economies and commerce, and the necessary desire for predictability and certainty in international laws governing rules of business conduct, legislatures, parliaments and courts have developed procedural devices to provide access to justice in matters involving collective wrongs, including anticompetitive conduct affecting a multitude of direct and indirect customers. The experiences in the United States (“the US”), Canada, and the United Kingdom (“the UK”) illustrate these efforts. Although the underlying policies behind the reforms in these three jurisdictions are very similar, the procedures and practical outcomes in collective competition cases have differed.

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Hausfeld (Washington)
États-Unis 8 contributions 9377 visites
Hausfeld (London)
États-Unis 11 contributions 5149 visites
Sutts Strosberg (Toronto)
Canada 2 contributions 2138 visites

General antitrust

 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)
Belgique 34 contributions 8168 visites
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Van Bael & Bellis (Brussels)
Belgium 61 contributions 15267 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 (...)

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 28375 visits
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White & Case (Washington)
United States 34 contributions 19706 visits
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White & Case (Washington)
États-Unis 18 contributions 6806 visites
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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 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)
États-Unis 3 contributions 2147 visites
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 Italian Government adopts a collective action reform aimed at making collective action proceedings available beyond consumer law
University of Trento (Trento)
Italie 1 contribution 266 visites
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University of Turin (Turin)
Italie 7 contributions 8551 visites
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 Belgian Administration implements the EU Damages Directive
Simmons & Simmons (Brussels)
Belgique 21 contributions 16003 visites
On 12 June 2017, the Act implementing the EU Damages Directive into Belgian law was published in the Belgian State Gazette. The Act adds a new chapter to the Belgian Code of Economic Law. The EU Damages Directive (Directive 2014/104/EU, the Directive) sets out rules which must ensure that (...)

The Belgian Parliament implements a directive on rules governing actions for compensation of damages arising out of anti-competitive practices
Freshfields Bruckhaus Deringer (Brussels)
Belgique 1 contribution 190 visites
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TikTok (Brussels)
Belgique 4 contributions 808 visites
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Freshfields Bruckhaus Deringer (Brussels)
Belgique 7 contributions 1988 visites
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Today marks the entry into force of the law which implements Directive No. 2014/104/EU of the European Parliament and Council of 26 November 2014 on certain rules governing actions for compensation of damages arising out of anti-competitive practices (the Damages Directive) into the Belgian (...)

The French Government implements the damages directive by way of an order which establishes a specific civil liability regime to facilitate the recovery of damages suffered by victims of anti-competitive practices
Freshfields Bruckhaus Deringer (Paris)
France 1 contribution 183 visites
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Freshfields Bruckhaus Deringer (Paris)
France 77 contributions 298338 visites
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Fiducial Legal by Lamy
France 17 contributions 63941 visites
The French Government has just implemented the Damages Directive by way of order No. 2017 -303 (the Order). The Order establishes a specific civil liability regime to facilitate the recovery of damages suffered by victims of anti-competitive practices. In a nutshell, what are the main (...)

The UK Parliament’s Consumer Rights Act 2015 enters into force
White & Case (London)
Royaume-Uni 14 contributions 35002 visites
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White & Case (Brussels)
Belgium 57 contributions 58359 visits
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White & Case (Brussels)
Belgique 50 contributions 38699 visites
The entry into force of the UK Consumer Rights Act 2015 (the “CRA”) on 1 October 2015 marks the introduction of opt-out class actions in the UK, further transforming the legal landscape for private damages claims in the UK. Together with further changes as a result of the UK’s implementation (...)

The UK Parliament introduces a class action mechanism for antitrust damages
Covington & Burling (London)
Royaume-Uni 4 contributions 502 visites
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Peter Camesasca Advocaat (Brussels)
Belgique 34 contributions 13419 visites
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7 contributions 1835 visites
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The UK has introduced a class action mechanism that could lead to an increase in antitrust litigation. Most significantly, the new mechanism will enable opt-out class actions, which are potentially effective in aggregating individually low value claims, into a single high value, and (...)

The UK Parliament adopts the Consumer Rights Act to boost private enforcement of competition law
Norton Rose Fulbright (London)
Royaume-Uni 4 contributions 2063 visites
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Norton Rose Fulbright (London)
Royaume-Uni 2 contributions 552 visites
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Norton Rose Fulbright (London)
Royaume-Uni 5 contributions 1368 visites
This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Introduction On 1 October 2015 the Consumer Rights Act 2015 entered into force. This reforms and consolidates consumer protection laws in the UK but also - (...)

The UK Parliament extends the Competition Appeal Tribunal’s jurisdiction and powers to hear competition damages cases
St John’s Chambers (Bristol)
Royaume-Uni 15 contributions 5665 visites
United Kingdom: Consumer Rights Act 2015 introduces new procedures for competition litigation, including collective follow-on damages actions* On 1 October 2015, the Consumer Rights Act 2015 (“CRA 2015”) entered into force. The CRA 2015 makes numerous changes to consumer rights laws in the (...)

The UK Parliament implements a regime issued from the Consumer Right Act extending the powers of the Competition Appeal Tribunal
Blackstone Chambers (London)
Royaume-Uni 3 contributions 673 visites
Private Actions: The CRA 2015 giveth; and the 2015 CAT Rules taketh away Introduction* Today, on the 1st October 2015, when we are supposed to be celebrating the brave new world of the Competition Act 1998 (“CA”) as amended by the Consumer Rights Act 2015 (“CRA”), cartelists and other (...)

The French Parliament promulgates a consumer law introducing class actions (’Hamon Law’)
Norton Rose Fulbright (Paris)
France 10 contributions 13136 visites
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Dechert (Paris)
France 47 contributions 71564 visites
This article has been nominated for the 2015 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The new “Hamon Law” introducing French class actions and its effects on competition and distribution law Introduction In order to balance the powers of (...)

The Belgian Parliament passes a law introducing class action
White & Case (Brussels)
Belgique 39 contributions 66168 visites
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Freshfields Bruckhaus Deringer (Brussels)
Belgique 1 contribution 326 visites
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Degroof Petercam (Brussels)
États-Unis 1 contribution 326 visites
Class Actions: Now in Belgium*Class actions are a hot topic in Europe, and elsewhere. Various European countries have introduced, or are in the process of introducing, class action mechanisms. At the European Union level a similar development is noticeable, with proposals both in the field of (...)

The French National Assembly adopts draft law on class actions
Court of First Instance of Namur (Namur)
Belgium 224 contributions 47473 visits
On 3 July 2013, the French National Assembly adopted at first reading a draft law in relation to consumer affairs. Among the proposals, the draft law seeks to introduce into the French legal system a class action procedure. The draft law seeks to introduce legislation aimed at (...)

The UK Government announces plans to introduce an opt-out class action regime in its consultation paper on options for reforming the private enforcement system
Blackstone Chambers (London)
Royaume-Uni 23 contributions 5921 visites
Collective Actions: loss in complex cases* The big news from last week’s UK announcement on reforming private competition enforcement is that the government plans to introduce opt-out class actions for competition claims. The proposals incorporate various “safeguards” designed to ensure (...)

The UK Government shares proposals for consumers and businesses to bring collective damages claims against competition law infringers
McDermott Will & Emery (Brussels)
Belgium 43 contributions 8021 visits
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Norton Rose Fulbright (Brussels)
Belgique 20 contributions 5679 visites
UK GOVERNMENT ANNOUNCES PROPOSALS FOR AN "OPT-OUT" COLLECTIVE COMPETITION DAMAGES ACTION * On 29 January 2013, the UK Government’s Department for Business, Innovation & Skills announced new proposals designed to improve the ability for consumers and businesses to bring collective damages (...)

The UK Government publishes a consultation document on how best to encourage private sector challenges to anticompetitive behaviour
Arnold & Porter Kaye Scholer (Brussels)
Belgique 64 contributions 99290 visites
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Milbank (London)
Royaume-Uni 21 contributions 12375 visites
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McDermott Will & Emery (Paris)
France 136 contributions 68522 visits
PRIVATE ACTIONS IN COMPETITION LAW: UK GOVERNMENT CONSULTATION* On April 24, 2012, the UK government took a significant step towards private antitrust actions by publishing a consultation document on how best to encourage private sector challenges to anticompetitive behavior. This (...)

The UK Government announces proposals for reform of the private competition damages regime
White & Case (London)
Royaume-Uni 14 contributions 35002 visites
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White & Case (London)
Royaume-Uni 2 contributions 348 visites
As widely expected, earlier this week the Government announced proposals for reform of the private competition damages regime in the UK, proposing to increase the Competition Appeal Tribunal’s (CAT) power and introduce an opt-out “collective action” scheme before the CAT . The proposed (...)

The Danish Parliament approves an amendment enabling antitrust class action
Plesner (Copenhagen)
Danemark 41 contributions 74383 visites
On 22 February 2007, the Danish Parliament approved an amendment to the Danish rules on civil procedure which enables class action law suits to be brought. Such class actions may also be initiated on the basis of injury suffered as a result of alleged infringements of the Danish or EU (...)

The French Competition Authority issues an opinion on class actions in the field of competition
Autorité de la concurrence (Paris)
France 747 contributions 409160 visites
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence in favour of class action, under certain conditions, for consumers victim of anticompetitive practices.* Following the publication in December 2005 of the report relative to (...)

Anticompetitive practices

 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 666 visites
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Duane Morris (Philadelphia)
États-Unis 2 contributions 750 visites
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 Supreme Court rules that litigation funding agreements are damage-based agreements and are likely unenforceable (Trucks Cartel)
Shearman & Sterling (London)
Royaume-Uni 6 contributions 1275 visites
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Shearman & Sterling (London)
Royaume-Uni 30 contributions 14312 visites
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Shearman & Sterling (London)
Royaume-Uni 23 contributions 14293 visites
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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
Royaume-Uni 14 contributions 26586 visites
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Maitland Walker (London)
Royaume-Uni 1 contribution 88 visites
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Maitland Walker (Minehead)
1 contribution 88 visites
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 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)
États-Unis 2 contributions 750 visites
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Duane Morris (Philadelphia)
États-Unis 1 contribution 84 visites
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Duane Morris (Philadelphia)
États-Unis 1 contribution 84 visites
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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 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)
Royaume-Uni 20 contributions 5366 visites
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Hausfeld (London)
Royaume-Uni 4 contributions 2032 visites
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Hausfeld (London)
Royaume-Uni 1 contribution 1501 visites
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 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)
États-Unis 1 contribution 755 visites
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 England & Wales Court of Appeal unanimously upholds the decision of the Competition Appeal Tribunal to grant an opt-out collective proceedings order in a railway sector class action (Gutmann / South Western Trains)
Hausfeld (London)
Royaume-Uni 7 contributions 2100 visites
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Hausfeld (London)
Royaume-Uni 3 contributions 880 visites
In an eagerly awaited judgment, the UK Court of Appeal (the “CoA”) has unanimously upheld the decision of the UK Competition Appeal Tribunal (the “CAT”) to grant an opt-out Collective Proceedings Order (“CPO”) in proceedings brought by class representative Justin Gutmann against defendant (...)

The UK Competition Appeal Tribunal gives the go-ahead for a follow on damages claim in a vehicle cartel case (Trucks Cartel)
Ashurst (London)
Royaume-Uni 14 contributions 2590 visites
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Ashurst (London)
Royaume-Uni 3 contributions 608 visites
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Ashurst (London)
Royaume-Uni 7 contributions 1413 visites
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 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)
États-Unis 11 contributions 5149 visites
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 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)
Royaume-Uni 3 contributions 608 visites
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Ashurst (London)
Royaume-Uni 14 contributions 2590 visites
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Ashurst (London)
Royaume-Uni 7 contributions 1413 visites
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 UK Competition Appeal Tribunal rules that class action proceedings may only be brought on an opt-in basis where the class of potential complainants is sophisticated (Evans / O’Higgins)
Herbert Smith Freehills (London)
United Kingdom 45 contributions 9598 visits
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Herbert Smith Freehills (London)
Royaume-Uni 2 contributions 763 visites
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Herbert Smith Freehills (London)
Royaume-Uni 2 contributions 763 visites
The UK Competition Appeal Tribunal (“CAT“) has ruled for the first time that collective proceedings can only proceed on an opt-in basis, rather than the opt-out basis sought by the class applicants. The ruling came in the O’Higgins/Evans case, concerning two competing applications for a (...)

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 639 visites
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DLA Piper (Lisbon)
Portugal 20 contributions 28611 visites
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgique 1 contribution 639 visites
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 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)
Royaume-Uni 14 contributions 2590 visites
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Ashurst (London)
Royaume-Uni 14 contributions 2594 visites
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)
États-Unis 1 contribution 241 visites
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Cleary Gottlieb Steen & Hamilton (New York)
États-Unis 1 contribution 241 visites
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Cleary Gottlieb Steen & Hamilton (New York)
États-Unis 1 contribution 241 visites
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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 Dutch District Court of Rotterdam establishes joint and several liability for damages from the elevators cartel case but declares part of the claim time-barred (Otis / Kone / Schindler / ThyssenKrupp)
Bird & Bird (The Hague)
Pays-Bas 34 contributions 8912 visites
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Bird & Bird (The Hague)
Pays-Bas 4 contributions 912 visites
Summary On 23 June 2021, the District Court of Rotterdam (“District Court”) held that a so-called special purpose vehicle, was eligible as a claimant for part of the cartel damages it had claimed. The claimant Stichting Elevator Cartel Claim (“SECC”), represented many customers who had (...)

The US Court of Appeals for the Ninth Circuit rules that attorney fees should be evaluated for possible collusion even in settlements that occur after class certification (Briseño / Henderson)
Hausfeld (San Francisco)
États-Unis 3 contributions 334 visites
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Hausfeld (San Francisco)
États-Unis 3 contributions 536 visites
This article has been nominated for the 2022 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On June 1, 2021, the Ninth Circuit issued its opinion in Briseño v. Henderson, reversing the Central District of California’s approval of a class action (...)

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)
États-Unis 3 contributions 1485 visites
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White & Case (Washington)
États-Unis 9 contributions 3696 visites
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White & Case (Washington)
United States 11 contributions 1797 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 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)
États-Unis 3 contributions 703 visites
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Hogan Lovells (Washington)
États-Unis 18 contributions 5320 visites
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Hogan Lovells (Washington)
United States 10 contributions 3509 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 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)
États-Unis 6 contributions 1115 visites
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Crowell & Moring (Washington)
États-Unis 17 contributions 2592 visites
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McDermott Will & Emery (Chicago)
États-Unis 15 contributions 3447 visites
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 337 visites
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 Dutch Court of Appeal for Amsterdam confirms that litigation vehicles must provide documentation regarding the assignment of claims they submit (Royal Dutch Airlines / Martinair Holland / Societe Air France / Singapore Airlines / Lufthansa / Swiss International Air Lines...)
Jones Day (Amsterdam)
Netherlands 11 contributions 294 visits
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Jones Day (Amsterdam)
Netherlands 11 contributions 294 visits
Brief summary of facts In its Decision of 17 March 2017, the European Commission found that several air carriers coordinated fuel and safety charges for flights within the European Economic area in the period of December 1999 till February 2006, and thus infringed the cartel prohibition. (...)

The UK Competition Appeal Tribunal adopts a practical approach to the realities of collective actions damages due to the Truck cartel decision (Trucks Cartel)
Hausfeld (London)
Royaume-Uni 11 contributions 1652 visites
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Hausfeld (London)
Royaume-Uni 5 contributions 1300 visites
A recent judgment by the UK Competition Appeal Tribunal (the “Tribunal”) in the Trucks collective actions regarding funding and adverse costs arrangements is welcome news for class claimants and undoubtedly positive for the development of the UK’s young collective actions regime. The judgment (...)

The Canadian Supreme Court expands the scope of potential liability in price-fixing class actions (Pioneer / Godfrey)
Davies Ward Phillips & Vineberg (Toronto)
Canada 1 contribution 188 visites
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Davies Ward Phillips & Vineberg (Toronto)
Canada 1 contribution 188 visites
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Davies Ward Phillips & Vineberg (Toronto)
Canada 1 contribution 188 visites
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The Supreme Court of Canada has released its long-awaited decision in two companion appeals that have significant implications for class actions alleging conduct that contravenes the criminal provisions found in Part VI of the Competition Act (Act). In its decision in Pioneer Corporation v (...)

The US District Court for the Northern District of Illinois receives a class action complaint against a pay-for-delay agreement (AbbVie)
Constantine Cannon (Washington)
États-Unis 4 contributions 698 visites
Plaintiffs Targeting Biologic-Biosimilars Settlements with Pay-for-Delay Antitrust Claims* Antitrust principles that can invalidate certain pay-for-delay settlements will be expanding into the new frontier of biologic and biosimilar drugs if plaintiffs in several new suits are successful. (...)

The US DoJ issues a statement of interest in a class action suit filed against two universities for violating antitrust laws by agreeing not to hire each other’s employees for positions of the same rank (Danielle Seaman / Duke University / University of North Carolina)
Constantine Cannon (Washington)
États-Unis 2 contributions 236 visites
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Constantine Cannon (New York)
États-Unis 3 contributions 734 visites
The Middle District of North Carolina No-Poach Class Action: Duke Finally Settles* While Duke University and the University of North Carolina (“UNC”) may be fierce sporting rivals on “Tobacco Road,” their alleged agreement not to compete for medical school faculty demonstrates how easily (...)

The UK Competition Appeal Tribunal set to commence proceedings in a follow-on collective damages claim filed against truck manufacturers for participating in an illegal cartel (Trucks Cartel)
Osborne Clarke (London)
Royaume-Uni 28 contributions 804 visites
Brief summary of facts RHA is applying for a collective proceedings order (“CPO”) permitting it to act as the class representative bringing a collective damages action on an opt-in basis. The proposed collective proceedings would combine follow-on actions for damages arising from a July 2016 (...)

The US District Court for the Eastern District of Pennsylvania finds that a company was not part of a conspiracy to manipulate the supply of eggs and raise prices (In re Processed Egg Prods)
Dechert (Philadelphia)
États-Unis 3 contributions 749 visites
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Dechert (Philadelphia)
États-Unis 3 contributions 736 visites
The case began 10 years ago when a class of companies that purchase eggs sued the country’s leading egg producers, seeking more than $1 billion in damages. The plaintiffs claimed that the egg producers conspired to manipulate the supply and raise prices for eggs. Specifically, the buyers (...)

The UK Competition Appeal Tribunal set to commence proceedings in a follow-on collective damages claim filed against truck manufacturers for participating in an illegal cartel (Trucks Cartel)
Osborne Clarke (London)
Royaume-Uni 28 contributions 804 visites
Brief summary of facts UKTC is applying for a collective proceedings order (“CPO”) permitting it to act as the class representative bringing a collective damages action on an opt-out basis. The proposed collective proceedings would combine follow-on actions for damages arising from a July (...)

The US District Court for the Northern District of California denies a motion for class certification for a proposed class of indirect purchasers of lithium ion batteries (Lithium Ion Batteries)
McDermott Will & Emery (Washington)
États-Unis 13 contributions 2861 visites
Indirect purchaser plaintiffs’ motion for class certification in a lithium ion battery suit was denied for failing to show concrete evidence linking increased input costs to increased end-product prices; theoretical inference is not enough. What happened: The US District Court for the (...)

The UK Competition Appeal Tribunal refuses a class action suit filed against a financial service company (Merricks / MasterCard)
Osborne Clarke (London)
Royaume-Uni 28 contributions 804 visites
Brief summary of facts The action is based on the European Commission’s 2007 decision finding that MasterCard’s EEA multilateral interchange fees (“MIFs”) breached Article 101(1) TFEU. Mr Merricks (the applicant/ proposed class representative) applied for a collective proceedings order (...)

The UK Competition Appeal Tribunal refuses a £14 billion class action against a financial service company (Merricks / MasterCard)
Covington & Burling (Brussels)
Belgium 49 contributions 18255 visits
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Peter Camesasca Advocaat (Brussels)
Belgique 34 contributions 13419 visites
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Covington & Burling (London)
Royaume-Uni 6 contributions 1441 visites
On Friday, July 21, 2017, the UK’s Competition Appeal Tribunal (the “CAT”) handed down its second class certification decision under the class actions regime introduced by the Consumer Rights Act 2015 (the “Act”). It dismissed the application for two reasons. First, the proposed representative (...)

The US District Court in the Southern District of New York dismisses a class action lawsuit alleging a large number of entities and individuals in a cartel case (Sea brent crude oil)
Skadden, Arps, Slate, Meagher & Flom (New York)
États-Unis 21 contributions 5750 visites
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Skadden, Arps, Slate, Meagher & Flom (Washington)
États-Unis 1 contribution 395 visites
The U.S. District Court in the Southern District of New York recently dismissed a class action lawsuit alleging, among other claims, that a large number of entities and individuals in the market for producing, refining and trading Brent crude oil (together, Defendants) manipulated the prices (...)

The UK Competition Appeal Tribunal hands down its first-class certification judgment on concerted practices in the mobility scooter sector (Dorothy Gibson / Pride Mobility Products)
Osborne Clarke (London)
Royaume-Uni 28 contributions 804 visites
Brief summary of facts The action was based on the OFT’s 2014 decision that a manufacturer of mobility scooters, Pride Mobility Products Limited, and eight of its retailers had breached the Chapter I prohibition by agreeing to restrictions on advertising discounts online. The (...)

The UK Competition Appeal Tribunal allows the first class action brought under the competition law collective redress regime and continues providing some clarifications on important aspects of the regime (Dorothy Gibson / Pride Mobility Products)
Herbert Smith Freehills (London)
France 12 contributions 3367 visites
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Herbert Smith Freehills (London)
United Kingdom 45 contributions 9598 visits
Already, 2017 has seen significant developments in the UK’s competition litigation landscape. Most recently, last Friday the Competition Appeal Tribunal (CAT) allowed the first ’class action’ brought under the new competition law collective redress regime to continue, at least for now, (...)

The UK Competition Appeal Tribunal hands down its first-class certification judgment on concerted practices in the mobility scooter sector (Dorothy Gibson / Pride Mobility Products)
Covington & Burling (Brussels)
Belgium 49 contributions 18255 visits
After a wait of nearly 15 months from the introduction of class actions in the UK for antitrust damages claims, the first class certification hearing took place before the UK’s Competition Appeal Tribunal (the “CAT”) between December 12 and 14. Having heard argument, the CAT is considering (...)

The UK Competition Appeal Tribunal hands down its first-class certification for entering into agreements and concerted practices aimed at prohibiting the online advertising of certain models of mobility scooter (Dorothy Gibson / Pride Mobility Products)
Covington & Burling (Brussels)
Belgium 49 contributions 18255 visits
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Peter Camesasca Advocaat (Brussels)
Belgique 34 contributions 13419 visites
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Covington & Burling (London)
Royaume-Uni 6 contributions 1441 visites
The UK’s Competition Appeal Tribunal (the “CAT”) has handed down its first class certification judgment in relation to the class actions regime introduced by the Consumer Rights Act 2015 (the “Act”). The result? The hearing has been adjourned, with the proposed representative allowed to file (...)

The US Court of Appeals for the Third Circuit upholds a ruling that indirect purchasers did not meet the requirements for class certification (Class 8 Transmission)
Crowell & Moring (Washington)
États-Unis 17 contributions 2592 visites
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10 contributions 1252 visites
On February 9, the US Court of Appeals for the Third Circuit upheld a ruling by the US District Court for the District of Delaware that indirect purchasers of Class 8 transmissions did not meet the requirements for class certification. The Third Circuit found that only the individual claims (...)

The South Korean Supreme Court grants a follow-on damages class action against four oil companies for high resale price maintenance and remits the case back to the Seoul High Court (SK Energy)
Yulchon (Seoul)
Corée du Sud 2 contributions 34 visites
Brief summary of facts Four oil companies colluded to maintain a high price for diesel oil from April 2004 through June 2004. The KFTC found that whereas the price of crude oil rose by about KRW 20 (less than US$ 2) per liter during the collusion period, the price of diesel oil rose by KRW (...)

The US Court of Appeals for the Second Circuit vacates and reverses an antitrust verdict in a historic first case for a Chinese government agency to appear as amicus in US court and inform the court of applicable Chinese law (In re Vitamin C Antitrust Litigation)
Baker McKenzie (Brussels)
Belgique 6 contributions 5036 visites
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Akerman (New York)
États-Unis 1 contribution 169 visites
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Baker McKenzie (Washington)
États-Unis 5 contributions 680 visites
The United States Court of Appeals for the Second Circuit (the Second Circuit) in New York has vacated and reversed a USD 147 million antitrust verdict against a Chinese vitamin C manufacturer and its holding company, ruling that the district court should have granted Defendants’ original (...)

The US Court of Appeals for the Second Circuit vacates a $147 million antitrust judgment on international comity grounds against a vitamin-C manufacturer who was legally required to set prices and reduce quantities abroad (In re Vitamin C Antitrust Litigation)
Freshfields Bruckhaus Deringer (Beijing)
China 17 contributions 18080 visits
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Freshfields Bruckhaus Deringer (Washington)
États-Unis 3 contributions 213 visites
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Freshfields Bruckhaus Deringer (Hong Kong)
Hong Kong 12 contributions 4131 visits
On September 20, in a landmark decision, the US Court of Appeals for the Second Circuit reversed a district court’s decision in In re: Vitamin C Antitrust Litigation on international comity grounds. In vacating a $147m antitrust judgment against Chinese vitamin C manufacturers, the Second (...)

The US Supreme Court agrees to hear an appeal against two financial services companies for fixing charges on ATM fees (Visa / Mastercard)
Hausfeld (Philadelphia)
États-Unis 1 contribution 56 visites
In Visa Inc. v. Osbor (“Osborn”), the Supreme Court recently agreed to hear a consolidated appeal from the D.C. Circuit’s decision that plaintiffs in three related antitrust actions against Visa, Mastercard, and several of their member banks had sufficiently alleged a conspiracy to fix ATM (...)

The US Court of Appeals for the First Circuit concludes that a reverse payment need not be in cash (Loestrin)
Rutgers University (New Brunswick)
États-Unis 26 contributions 25633 visites
On February 22, 2016, in the second federal appellate drug patent settlement ruling since the Supreme Court’s decision in FTC v. Actavis, 133 S. Ct. 2223 (2013), the U.S. Court of Appeals for the First Circuit vacated a lower court decision granting a motion to dismiss for defendants. Writing (...)

The US FTC urges the Court of Appeals for the First Circuit to hold that a reverse payment need not be in cash (Loestrin)
DLA Piper Weiss-Tessbach (Vienna)
Autriche 26 contributions 7679 visites
U.S. FTC urges the Appeals Court to revive the Loestrin Suit* On December 7, 2015, during oral argument, the U.S. FTC urged the Court of Appeals for the First Circuit to revive the Loestrin suit. The case concerns a so-called reverse payment settlement. In 2009 Watson Pharmaceuticals (...)

The US Court of Appeals for the First Circuit concludes that a reverse payment need not be in cash (Loestrin)
Crowell & Moring (New York)
États-Unis 3 contributions 620 visites
First Circuit boosts antitrust challenges to pay-for-delay settlements by finding non-cash deals subject to Actavis scrutiny*Antitrust challenges to so-called “pay-for-delay” settlements—in which brand-name drug makers temporarily keep generics out of the market by making payments to would-be (...)

The US Court of Appeals for the Ninth Circuit hears interesting oral argument on Foreign Trade Antitrust Improvements Act related issues (Best Buy / Hannstar Display)
Robert Connolly Law (Philadelphia)
United States 23 contributions 5173 visits
Ninth Circuit’s Oral Argument on FTAIA Related Appeal* If an FTAIA related case is ever taken by the Supreme Court I believe it will be a private civil price fixing damage case like Best Buy Co., Inc. v. Hannstar Display Corporation. The Antitrust Division’s international cartel prosecutions (...)

The US District Court for the Northern District of California allows a class action alleging price-fixing in the capacitors sector to go forward (Capacitors Antitrust Class action)
Siemens (New York)
États-Unis 21 contributions 7698 visites
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Cleary Gottlieb Steen & Hamilton (New York)
États-Unis 4 contributions 688 visites
In re Capacitors Antitrust Class Action Litigation Survives Motion to Dismiss* Direct and indirect capacitor purchasers who filed class action complaints against an alleged worldwide cartel of capacitor manufacturers have, for the most part, survived a motion to dismiss in the Northern (...)

The US Circuit Court of Appeals for the Third Circuit annuls a district court’s order which certified a class of direct purchasers in a price-fixing suit in the blood reagents market (Ortho Clinical Diagnostics)
McDermott Will & Emery (Paris)
France 136 contributions 68522 visits
On Wednesday, April 8, 2015, the Third Circuit Court of Appeals vacated a district court’s order certifying a class of direct purchasers of blood reagents in a price-fixing suit against Ortho-Clinical Diagnostics Inc. In re Blood Reagents, case number 12-4067. Plaintiffs allege that (...)

The US Court of Appeals for the Ninth Circuit stresses the importance for Sherman Act litigants to support their claims of antitrust injury-in-fact with market facts (Netflix)
Siemens (New York)
États-Unis 21 contributions 7698 visites
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Patterson Belknap Webb & Tyler (New York)
États-Unis 1 contribution 200 visites
Ninth Circuit Affirms Dismissal of Netflix Antitrust Suit* Last Friday, the Ninth Circuit affirmed the dismissal of a multidistrict class action brought by Netflix subscribers who claimed the company conspired with Walmart to dominate the online DVD sales and rental markets. In 2005, Netflix (...)

The Higher Regional Court Düsseldorf dismisses transferred follow-on damages claims because of the shift of the risk of litigation costs (Cartel Damages Claims)
Hogan Lovells (Munich)
Germany 65 contributions 25524 visits
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Freshfields Bruckhaus Deringer (Berlin)
Allemagne 5 contributions 1139 visites
I. The Facts The judgment by the Higher Regional Court Düsseldorf (HRC Düsseldorf) put an end to 10 years of on-going legal dispute that started after the German Federal Cartel Office (FCO) disclosed various regional quota cartels, operating for a number of years until 2002, in the German (...)

The US District Court for the Southern District of New York allows a claim of alleged manipulation of foreign exchange rates to go forward, distinguishing the case from the LIBOR ones (FX Benchmark rates)
Siemens (New York)
États-Unis 21 contributions 7698 visites
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Roderick & Solange MacArthur Justice Center (New York)
2 contributions 472 visites
Motion to Dismiss Denied in FX Rigging Case* A federal judge in New York on Wednesday allowed a consolidated class action by U.S.-based investors concerning the rigging of the foreign exchange (FX) market to move forward. In denying a motion to dismiss, U.S. District Judge Lorna G. Schofield (...)

The US Court of Appeals for the Sixth Circuit upholds the dismissal of price-fixing claims against two home brokerage service firms because circumstantial evidence did not exclude the possibility of independent conduct (Hyland / HomeServices of America)
McDermott Will & Emery (Paris)
France 136 contributions 68522 visits
On November 13, 2014, the Sixth Circuit Court of Appeals upheld the dismissal of price-fixing claims against two home brokerage service firms in Kentucky, McMahon Co. and HomeService of America, Inc. Hyland, et al. v. HomeServices of America Inc., et al., case number 12-5947. The plaintiffs, (...)

The US District Court for the District of New Jersey allows bid-rigging claims concerning municipal tax lien auctions to proceed (New Jersey Tax Sales Certificates)
Siemens (New York)
États-Unis 21 contributions 7698 visites
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Patterson Belknap Webb & Tyler (New York)
États-Unis 5 contributions 1298 visites
Antitrust Claims Survive Motions to Dismiss in the New Jersey Tax Lien Bid-Rigging Class Action* The plaintiffs’ antitrust claims in the New Jersey municipal tax lien auction bid-rigging class action may proceed, the federal judge presiding over the litigation has ruled. New Jersey (...)

The US District Court for the Northern District of Texas dismisses with prejudice a class action’s plaintiffs that have not overcome the pleading deficiencies following the first judicial review of their pleadings (OTC Hotel Booking)
Ashurst (Milan)
Italie 103 contributions 30183 visites
U.S. District Court for the Northern District of Texas dismissed Second Consolidated Amended Complaint against hotel chains and online travel agencies* On 28 October 2014 the U.S. District Court of the Northern District of Texas dismissed with prejudice a class action against hotel chains (...)

The US District Court for the Southern District of New York denies motions for summary judgment in 2 class action suits alleging anticompetitive conduct in markets for TV & internet sports broadcasting (Laumann / National Hockey League & Lerner / Office of the Commissioner of Baseball)
McDermott Will & Emery (Paris)
France 136 contributions 68522 visits
On Friday, August 8, 2014, the Southern District of New York denied motions for summary judgment filed by the National Hockey League, Major League Baseball, Comcast Corp. and DirecTV LLC in suits alleging that these organizations and television providers conspired to hinder competition in (...)

The US District Court for the Northern District of California holds that NCAA restrictions on college players exploiting and receiving licensing revenue from the use of their names, images and likenesses violate antitrust law (O’Bannon / NCAA)
Constantine Cannon (New York)
États-Unis 2 contributions 1362 visites
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Constantine Cannon (New York)
États-Unis 4 contributions 993 visites
NCAA’s Loss In O’Bannon Trial May Be Only A Partial Victory For Competition* Although competition scored a win on Friday in the student athletes’ antitrust suit led by former UCLA basketball player Ed O’Bannon against the NCAA, it wasn’t a complete blowout. Judge Claudia Wilken of the U.S. (...)

The US District Court for the Northern District of California rejects the $324.5M settlement in a class action following the DoJ civil lawsuit for a per se violation of the Sherman Act (High-tech wage collusion)
Robert Connolly Law (Philadelphia)
United States 23 contributions 5173 visits
The Unusual Hi-Tech Hiring Collusion Case: Judge Rejects Proposed Settlement; DOJ Brought Civil “Per Se” Cases* Last Friday Judge Lucy H. Koh issued an unusual ruling in a somewhat unusual case. The ruling was unusual in that the court rejected a proposed settlement in the hi-tech wage (...)

The US District Court for the Southern District of New York receives notification that both the class plaintiffs, state plaintiffs and the defendants have reached an agreement concerning the lawsuit in the e-books price fixing case (Apple)
DLA Piper Weiss-Tessbach (Vienna)
Autriche 26 contributions 7679 visites
Apple settles with U.S. states and consumers in the e-books price fixing case* According to documents filed in a New York court on 16 June 2014, Apple has reached an agreement in principle with state governments and consumers who filed a class-action lawsuit in the e-books price fixing case (...)

Private Enforcement in the US: An overview of leading cases
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
Historically, those supporting strong antitrust enforcement have tended to agree with observations by the Supreme Court, made principally in the 1970s, that class actions play a vitally important role in antitrust enforcement. Indeed, when the bipartisan Antitrust Modernization Commission (...)

The US District Court for the Northern District of California grants class certification and gives its preliminary approval for a partial class action settlement of a lawsuit on the allegation of conspiracy to hold down salaries in Silicon Valley (High-Tech employees)
Bona Law (San Diego)
États-Unis 22 contributions 3758 visites
The Antitrust Laws Encourage Stealing* That’s right, the antitrust laws care so much about competition that they even prohibit agreements among competitors to not steal. In a society that morally condemns stealing, this is counter-intuitive (and a good reason to learn a little bit about (...)

The Canadian Supreme Court of British Columbia certifies a class action subject to a requirement for the plaintiff to redraft pleadings to conform to several key court holdings (MasterCard / Visa / Watson / Bank of America)
Steve Szentesi Law Professional Corporation
France 55 contributions 14628 visites
BC Court Certifies Visa/MasterCard Conspiracy Class Action* In an interesting and important decision issued late last week, the British Columbia Supreme Court has certified a Competition Act class action against Visa Canada Corporation, MasterCard International Inc. and a number of major (...)

The US District Court for the District of Minnesota dismisses a putative antitrust class action saying the plaintiff’s allegations were barred by the statute of limitation (Graco)
McDermott Will & Emery (Paris)
France 136 contributions 68522 visits
ANTITRUST CLASS ACTION AGAINST GRACO INC. DISMISSED * On March 11, 2014, Judge Ann Montgomery of the District of Minnesota dismissed a putative antitrust class action against Graco Inc. and its distributors that accused Graco of buying two of its closest competitors in the spray foam (...)

The US District Court for the Northern District of Texas dismisses a class action lawsuit filed by an online travel discount company against 12 dominant hotel chains and 9 online travel agencies alledging unfair exclusion from the market (OTC / Hotel Booking)
Ashurst (Milan)
Italie 103 contributions 30183 visites
U.S. District Judge in Texas dismisses class action lawsuit against conspiracy by online travel agencies and hotels to fix the price of hotel rooms* On 18 February 2014, U.S. District Judge Jane Boyle of the Northern District of Texas Dallas Division dismissed a class action lawsuit that (...)

The US District Court for the Eastern District of New York approves a proposed class action settlement for an antitrust suit over swipe fees (Visa / MasterCard)
Manatt, Phelps & Phillips (Los Angeles)
États-Unis 1 contribution 287 visites
Swipe Fee Settlement Yields More Litigation* Although the parties reached a $7.25 billion class action settlement of the antitrust suit brought by merchants against Visa and MasterCard over swipe fees, the case is far from over. The protracted legal battle centers on allegations by (...)

The US District Court for the Northern District of California certifies a class of student athletes seeking injunctive relief, though declines to certify a damages class arising from the allegedly preclusive effect of rules that would impede group licensing arrangements with videogame developers and broadcasters (NCAA Student Athletes)
Dechert (San Francisco)
États-Unis 26 contributions 9101 visites
Injunctive Relief, but not Damages Class, Certified in NCAA Student-Athlete Litigation* In In re NCAA Student-Athlete Name & Likeness Licensing Litigation, 2013 U.S. Dist. LEXIS 160739 (N.D. Cal. Nov. 8, 2013) (Wilken, J.)., the Court certified a class of current and former (...)

The Canadian Supreme Court allows indirect purchaser claims for a cartel infringement in the market for processor compatible software (Infineon / Pro-Sys / Sun-Rype)
Davies Ward Phillips & Vineberg (Toronto)
Canada 21 contributions 4036 visites
Supreme Court of Canada Allows Indirect Purchaser Claims* Note: On October 31, 2013, Canada’s Supreme Court issued important decisions regarding the scope of private claims for civil damages under the Competition Act. Below is a note prepared by Davies Ward Phillips & Vineberg on these (...)

The Canadian Supreme Court rejects the passing-on defence in relation to price fixing in the market for compatible PC software (Pro‑Sys Consultants / Microsoft)
Blackstone Chambers (London)
Royaume-Uni 23 contributions 5921 visites
Canadian Supreme Court: No such thing as passing on defence* On Thursday last week the Supreme Court of Canada handed down three much-anticipated judgments concerning indirect purchaser claims. The trio of cases point towards a distinctive, and in many respects more claimant-friendly, (...)

The Canadian Supreme Court clears the way for indirect purchaser competition class action related to compensation for harm caused by inflating the price of microchips (Infineon / Pro-Sys / Sun-Rype)
Steve Szentesi Law Professional Corporation
France 55 contributions 14628 visites
Canadian Supreme Court Clears the Way for Indirect Purchaser Competition Class Actions: Reason and Clarity Prevail in Previously Muddled Area* Earlier today the Supreme Court of Canada (“SCC”) released three long-awaited companion judgments that finally create clarity and certainty in the (...)

The US District Court for the Northern District of California certifies class action lawsuit alleging price fixing in the market for cathode ray tubes clarifying that for class certification the plaintiffs need only show that common questions predominate over questions affecting only individual members (CRT)
McDermott Will & Emery (Chicago)
États-Unis 3 contributions 361 visites
On September 24, 2013, the Northern District of California certified a class of indirect purchasers in In re Cathode Ray Tube Antitrust Litig., No. 3:07-cv-5944 SC, 2013 WL 5391159 (N.D. Cal. September 24, 2013). The case was brought by indirect purchasers of products containing cathode ray (...)

The US District Court for the Northern District of California jury finds an electronics company liable for conspiring to fix prices on liquid crystal display panels and awards damages (Best Buy Company / HannStar Display / Toshiba)
McDermott Will & Emery (Chicago)
États-Unis 2 contributions 396 visites
On September 3, 2013, a California federal jury unanimously found HannStar Display Corp. liable for conspiring to fix prices on liquid crystal display (LCD) panels. However, the jury found co-defendant Toshiba Corporation not liable. The jury awarded plaintiff Best Buy Company $7.47 million (...)

The Brazilian Federal District Appellate Court grants a class action damages claim against a cartel in the market for the distribution and resale of cooking gas (Liquigas / Nacional Gas Butano / Supergasbras)
J.G. Assis de Almeida - Sociedade de Advogados (Rio de Janeiro)
3 contributions 51 visites
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J.G. Assis de Almeida - Sociedade de Advogados (Rio de Janeiro)
3 contributions 51 visites
Brief summary of facts The Public Prosecutor’s Office alleges that between August 2009 and May 2010, the Defendants, all competitors on the market for the distribution and resale of kitchen gas in the Federal District, formed a cartel to artificially set the price of Liquefied Petroleum Gas (...)

The US Court of Appeals for the Third Circuit applies the rule of reason and rejects the "scope of the patent" test when pharma patent settlement violates the antitrust laws (Schering-Plough)
Hyman, Phelps & McNamara (Washington)
États-Unis 1 contribution 262 visites
In our post, “Hot Ticket Item – Patent Settlement Agreement Challenges,” we provided a round-up of the latest and greatest from ongoing litigation concerning patent settlement agreements (or “pay-for-delay” agreements if you prefer that term – we don’t). It’s only been about three weeks since (...)

The US Court of Appeals for the Third Circuit rejects the “scope of the patent” test in favor of a quick look rule of reason analysis when reviewing reverse payment settlements between patent holders and potential generic competitors in the pharmaceutical industry (Schering-Plough)
Vinson & Elkins (Dallas)
États-Unis 1 contribution 263 visites
Citing the dire consequences for companies seeking to comply with antitrust law in the wake of a direct circuit split, major pharmaceutical makers are asking the Supreme Court to review a Third Circuit decision that declared settlement payments by brand-name pharmaceutical companies to (...)

The US Court of Appeals for the Third Circuit holds that reverse payment settlements between brand name and generic pharmaceutical manufacturers may be unlawful under the rule of reason (Schering-Plough)
Arnold & Porter Kaye Scholer (Washington)
États-Unis 2 contributions 670 visites
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Hooper Hathaway (Michigan)
États-Unis 1 contribution 339 visites
On July 16, 2012, in an opinion authored by Judge Sloviter, the Third Circuit issued its decision in the K-Dur “reverse payments” case, holding that although such settlements are not illegal per se, they are presumptively unlawful under the rule of reason. In so doing it rejected the approach (...)

The US Court of Appeals for the Third Circuit adopts the rule of reason analysis in evaluating the legality of reverse payment settlements by rejecting the "scope of patent" test and creating a Circuit split on this issue (Louisiana Wholesale Drug Company / Schering / Upsher-Smith)
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP (London)
2 contributions 768 visites
On 16 July 2012, the US Third Circuit Court of Appeals rejected the scope of the patent test used by the New Jersey District Court in concluding that the patent settlement agreements (“Agreements”), providing for payments from Schering-Plough Corporation (“Schering”) (subsequently acquired by (...)

The US Court of Appeals for the Third Circuit rejects the "scope of the patent" test in an antitrust challenge to patent settlements (Schering-Plough)
Wolters Kluwer (Riverwoods)
États-Unis 78 contributions 39175 visites
Third Circuit Rejects Scope-of-Patent Test in Antitrust Challenge to K-Dur Patent Settlement* Reverse payments settlements between patent holders and would-be generic competitors in the pharmaceutical industry should be reviewed under a “quick look” rule of reason analysis based on the (...)

The US Court of Appeals for the Ninth Circuit affirms dismissal of antitrust action by ATM cardholders due to lack of standing (ATM Fee)
Chadbourne & Parke (New York)
États-Unis 1 contribution 129 visites
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Chadbourne & Parke (New York)
États-Unis 1 contribution 129 visites
The Ninth Circuit recently affirmed the decision of the United States District Court for the Northern District of California and held that automated teller machine (“ATM”) cardholders lacked standing to bring an antitrust class action against banks and former and current corporate (...)

The US Court of Appeals for the Ninth Circuit holds direct-purchaser antitrust plaintiffs lack standing to seek damages for alleged antitrust price-fixing in the ATM services (ATM Fee)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
Having failed at obtaining federal standing to sue for damages under one exception to the Illinois Brick rule, the plaintiffs argued in the alternative that they had standing under the “ownership/control” exception to that rule. Again, the court disagreed. 686 F.3d at 756. The court found (...)

The US Court of Appeals for the Seventh Circuit rules that a foreign anticompetitive conduct may be subject to US antitrust laws (Minn-Chem / Agrium)
Covington & Burling (Washington)
États-Unis 20 contributions 12228 visites
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Rule Garza Howley (Washington)
États-Unis 9 contributions 2369 visites
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Covington & Burling (Washington)
États-Unis 7 contributions 3184 visites
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Yesterday, the influential Court of Appeals for the Seventh Circuit, sitting en banc, held that foreign anticompetitive conduct can be regulated by U.S. antitrust law if it has “a reasonably proximate causal nexus” with an injury to a U.S. purchaser. The Seventh Circuit explicitly rejected the (...)

The US Court of Appeals for the Seventh Circuit takes broad view of the foreign trade antitrust improvements Act (Minn-Chem / Agrium)
US Department of Justice (Washington)
États-Unis 7 contributions 2260 visites
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Theodora Oringher (Orange County)
États-Unis 1 contribution 211 visites
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Katten Muchin Rosenman (Orange County)
États-Unis 1 contribution 211 visites
Overview In a much-awaited decision, the Seventh Circuit has taken a broad view of the ability of U.S. courts to hear antitrust cases concerning alleged foreign cartel activity that plaintiffs contend has effects in the U.S. The Court’s ruling reviving a cartel case in the potash industry (...)

The US Court of Appeals for the Seventh Circuit potentially expands the extraterritorial reach of the US antitrust laws (Minn-Chem / Agrium)
Davis Polk (New York)
États-Unis 3 contributions 1110 visites
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Davis Polk (New York)
États-Unis 2 contributions 316 visites
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Gibson Dunn (New York)
États-Unis 1 contribution 259 visites
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This article has been nominated for the 2013 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Introduction The U.S. Court of Appeals for the Seventh Circuit (the “Court”) recently potentially expanded the extraterritorial reach of the U.S. antitrust (...)

The Kansas Supreme Court condemns vertical price fixing agreements as per se illegal under the Kansas Restraint of Trade Act (O’Brien / Leegin Creative Leather Products)
Wolters Kluwer (Riverwoods)
États-Unis 78 contributions 39175 visites
Kansas Supreme Court Condemns Vertical Price Fixing Agreements as Per Se Illegal* Earlier this month, the Kansas Supreme Court ruled that the reasonableness of a vertical price fixing agreement is not to be considered when determining whether such an agreement violates the Kansas Restraint (...)

The Kansas Supreme Court holds that resale price maintenance, whether purely vertical or in a dual distribution setting, is per se illegal and rejects applicability of federal rule of reason analysis to claims brought under Kansas antitrust law (O’Brien / Leegin Creative Leather Products)
Crowell & Moring (Washington)
États-Unis 4 contributions 1612 visites
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Crowell & Moring (Orange County)
États-Unis 1 contribution 288 visites
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McDermott Will & Emery (Washington)
États-Unis 8 contributions 1923 visites
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UPDATE NOTE: On April 16, 2013, the Kansas legislature reversed the decision discussed below, and adopted a "reasonableness" standard for analyzing vertical price agreements. On May 4, 2012, Kansas joined the growing trend among states to limit the distribution flexibility that had been (...)

The Kansas Supreme Court holds resale price maintenance is per se illegal under state law, but ruling subsequently overturned by state legislature (O’Brien / Leegin Creative Leather Products)
McDermott Will & Emery (Washington)
États-Unis 6 contributions 1565 visites
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1 contribution 298 visites
The Kansas Supreme Court recently determined resale price maintenance is per se illegal under state law, becoming the latest state to reject the rule of reason standard mandated by the Supreme Court of the United States. The decision serves as a reminder that although a supplier’s pricing (...)

The US District Court for the District of New Jersey dismisses the claims of the indirect purchasers in price-fixing litigation (Magnesium Oxide)
Constantine Cannon (New York)
États-Unis 3 contributions 290 visites
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Constantine Cannon (New York)
États-Unis 2 contributions 395 visites
Indirect Purchasers’ Claims Undermined In Mineral Price-Fixing Litigation* Judge Dickinson R. Debevoise of the U.S. District Court for the District of New Jersey has dismissed class action claims of price fixing brought by indirect purchasers against several magnesium oxide companies in the (...)

The US District Court for the District of New Jersey dismisses the claims of the indirect purchasers for lack of standing to bring a cause of action (Magnesium Oxide)
Weil, Gotshal & Manges (New York)
États-Unis 1 contribution 151 visites
With No Reliance Nor Nexus, Indirect Purchaser Plaintiffs’ Claims Fall Short: In re Magnesium Oxide Antitrust Litigation (D.N.J. Apr. 5, 2012)* Introduction Antitrust claims by indirect purchasers of magnesium oxide did not survive defendant manufacturers’ motion to dismiss a complaint (...)

The South Korean FTC offers funding private antitrust class action against two electronics companies fines for price-fixing (Samsung / LG)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 79 contributions 60474 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington)
États-Unis 11 contributions 3739 visites
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Skadden, Arps, Slate, Meagher & Flom
1 contribution 302 visites
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This article has been nominated for the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Competition authorities around the globe are taking an increasingly active part in the pursuit of civil claims for damages for antitrust infringements. The (...)

The US District Court for the Northern District of Ohio grants motion to dismiss class action on an allegation of price fixing of rock salt (Erie County / Morton Salt)
Sheppard Mullin (Los Angeles)
États-Unis 46 contributions 8037 visites
Allegations of Conspiracy to Fix Prices in Ohio Rock Salt Duopoly Flunk “Plausibility” Analysis* Creation of duopolistic interdependence by misapplication of a state statute mandating preferential treatment for local producers is an implausible "slippery slope." Erie County v. Morton Salt, (...)

The US District Court for the Northern District of California receives class action lawsuit alleging price-fixing of e-books sales between five major publishers and a leading electronic devices producer (Hachette Book / HarperCollins / Apple)
Sidley Austin (Brussels)
Belgique 6 contributions 2410 visites
Is Apple forcing customers to pay more for e-books? - Global developments in the alleged e-book price-fixing case* European investigations On December 6, 2011 the European Commission announced that it opened formal proceedings to examine whether five major international publishers (...)

The US District Court for the Southern District of New York dismisses class action alleging electricity overcharges (Simon / Keyspan)
Skadden, Arps, Slate, Meagher & Flom (Washington)
États-Unis 5 contributions 1895 visites
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Skadden, Arps, Slate, Meagher & Flom (Washington)
États-Unis 2 contributions 1314 visites
KeySpan Corporation secured a sweeping victory on March 22, 2011, in the U.S. District Court for the Southern District of New York. Judge Shira Scheindlin’s broad decision granted with prejudice KeySpan’s motion to dismiss a putative consumer class action claiming approximately $360 million in (...)

The US District Court for the Southern District of New York approves a settlement in a class action based on LCD price-fixing suit (In re LG Philips LCD)
Arent Fox (New York)
États-Unis 2 contributions 787 visites
On March 11, 2011, Judge Richard Sullivan of the US District Court for the Southern District of New York gave final approval to a settlement between LG Display Co. Ltd. (“LG”) and a class of investors who alleged that LG’s stock price was artificially inflated due to LG’s undisclosed (...)

The US Court of Appeals for the Eleventh Circuit affirms a ruling of dismissal over an action brought on behalf of a class of purchasers of visco-elastic foam mattresses against a distributor (Benny Jacobs Wanda / Tempur-Pedic)
Sheppard Mullin (Los Angeles)
États-Unis 46 contributions 8037 visites
Lights Out for Resale Price and Dual Distribution Class Action* On December 2, 2010, the Court of Appeals for the 11th Circuit affirmed a ruling of dismissal entered by the United States District for the Northern District of Georgia. Jacobs v. Tempur-Pedic Int.’l, Inc., No. 08-12720. (...)

The England & Wales Court of Appeal upholds Chancellor’s order striking out "representative parts" of a class action claim (Emerald / British Airways)
Ropes & Gray (London)
Royaume-Uni 2 contributions 691 visites
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Latham & Watkins (London)
Royaume-Uni 10 contributions 13082 visites
Class Actions in the U.K: Emerald Supplies Limited & Anr. v. British Airways plc* The U.K. Court of Appeal has recently rebuffed an attempt by Plaintiff’s firm, Hausfeld, to bring a collective “opt out” style action using Rule 19.6 of the CPR rules (Emerald Supplied Limited v. British (...)

The US Court of Appeals for the Third Circuit vacates a class action settlement in diamond industry favoring the status of direct purchasers for antitrust laws enforcement in US courts (Sullivan / DB Investments)
Gibson Dunn (New York)
États-Unis 20 contributions 11513 visites
In U.S., It’s Getting Harder to Bring Consumer Antitrust Class Actions* One of the inevitable facts of life in the U.S. after a government antitrust investigation becomes public – especially if it is a cartel investigation with an amnesty applicant or guilty pleas – is customer class (...)

The US Court of Appeals for the Second Circuit affirms dismissal of antitrust claims addressing the proper application of the implied preclusion doctrine (Electronic Trading Group / Banc of America Securities)
Moses & Singer LLP (New York)
6 contributions 1987 visites
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Skadden, Arps, Slate, Meagher & Flom (New York)
États-Unis 7 contributions 2546 visites
On December 3, 2009, in In re Short Sale Antitrust Litigation (No. 08-0420-cv), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of a putative class action alleging collusion among certain financial institutions that serve as “prime brokers” in connection with short sale (...)

The US Court of Appeals for the Ninth Circuit affirms the dismissal of claims based on the aggregation of petroleum exchange agreements to show alleged cumulative anticompetitive effects (Gilley Enterprises / Atlantic Richfield)
Sheppard Mullin (Los Angeles)
États-Unis 46 contributions 8037 visites
Spirit of Twombly Exorcises Specter of Revived Aguilar Claims* The Ninth Circuit recently affirmed the dismissal of claims based on the aggregation of petroleum exchange agreements to show alleged "cumulative anticompetitive effects." Gilley Enterprises v. Atlantic Richfield Company, No. (...)

The US District Court for the Eastern District of Pennsylvania rules that the FTAIA mandated dismissal of a putative class action brought against foreign airlines in a civil litigation concerning the allegation of price fixing (Lufthansa / Air France / KLM / Alitalia)
Vinson & Elkins (San Francisco)
États-Unis 6 contributions 969 visites
U.S. Court Grounds Europe-Japan Air Travel Price-Fixing Case* On October 16, 2009, Judge Louis H. Pollak of the United States District Court for the Eastern District of Pennsylvania ruled that the Foreign Trade Antitrust Improvements Act of 1982, 15 U.S.C. § 6a ("FTAIA") mandated dismissal (...)

The England & Wales High Court strikes out a representative claim brought on behalf of “all other direct or indirect purchasers of air freight services”, refusing to stretch the scope of the English civil procedure rules in order to encourage the bringing of private damages actions (Emerald Supplies / British Airways)
European Commission - Legal Service (Brussels)
Belgique 15 contributions 41664 visites
In striking out a representative claim brought on behalf of “all other direct or indirect purchasers of air freight services”, the English High Court has refused to stretch the scope of the English civil procedure rules in order to facilitate the bringing of such damages actions. Background (...)

The England & Wales High Court denies representative action statute for antitrust price-fixing claims in the air freight services market (Emerald / British Airways)
Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 30 contributions 9669 visits
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Skadden, Arps, Slate, Meagher & Flom (London)
Royaume-Uni 2 contributions 660 visites
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Dentons (Brussels)
Belgique 17 contributions 9956 visites
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On April 8, 2009, the English High Court of Justice, Chancery Division, granted British Airways’ request for an order striking two Plaintiffs’ representative claims. Though still subject to appeal, this decision potentially represents a significant obstacle to efforts underway to apply (...)

The US Supreme Court defines minimum pleading standard in antitrust class action (Bell Atlantic / Twombly)
Skadden, Arps, Slate, Meagher & Flom (Washington)
États-Unis 11 contributions 3739 visites
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Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 30 contributions 9669 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
États-Unis 7 contributions 2546 visites
In a 7-2 decision on May 21, 2007, the Supreme Court held that a complaint alleging antitrust conspiracy based on parallel conduct alone fails to state a claim under Federal Rule of Civil Procedure 12(b)(6). Bell Atlantic Corp. v. Twombly, No. 05-1126. Further, the Court held that a bare (...)

The US Supreme Court affirms the necessity of pleading elements in private antitrust conspiracy claims (Bell Atlantic / Twombly)
University of Indiana
États-Unis 4 contributions 5355 visites
Pleading Consumer Antitrust Claims* The U.S. has long followed a system of private enforcement of law meant to redress public harm. In the law of antitrust, from the very beginning U.S. law provided a claim to plaintiffs who could show harm flowing from the violation. Convincing private (...)

The Brazilian Federal Supreme Court declines jurisdiction over a cartel damages class action in the market for the distribution of liquefied petroleum gas, based on state action doctrine (Agipliquigás / Supergasbrás / Gás Butano / Minasgás / Ultragás / Pampagás)
Cescon, Barrieu, Flesch & Barreto (Sao Paulo)
Brésil 6 contributions 142 visites
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Cescon, Barrieu, Flesch & Barreto (Sao Paulo)
Brésil 6 contributions 142 visites
Brief summary of facts Class action filed by the Federal Public Prosecutor arguing that Defendants engaged in a cartel in the market for the distribution of liquefied petroleum gas (LPG) in the state of Rio Grande do Sul. Brief summary of judgment The lower court granted the claim and (...)

The Brazilian Regional Federal Appellate Court of the Third Region upholds a cartel damages class action against a fertilizer cartel (Ultrafértil / Fosfértil / Manah Solorrico / Takenaka / Fertiliza and Fertibrás)
Cescon, Barrieu, Flesch & Barreto (Sao Paulo)
Brésil 6 contributions 142 visites
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Cescon, Barrieu, Flesch & Barreto (Sao Paulo)
Brésil 6 contributions 142 visites
Brief summary of facts Class action filed by the Federal Public Prosecutor arguing that Defendants engaged in a cartel in the market for inputs for the production and commercialization of fertilizers and abused their dominant position in such market, including refusal to contract and (...)

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)
Royaume-Uni 7 contributions 2100 visites
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Hausfeld (London)
Royaume-Uni 1 contribution 161 visites
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Hausfeld (London)
Royaume-Uni 7 contributions 1779 visites
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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)
États-Unis 3 contributions 507 visites
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)
États-Unis 2 contributions 100 visites
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Bona Law (New York)
France 2 contributions 159 visites
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 UK Competition Appeal Tribunal stays rather than dismissing a data privacy case possibly cracking the door open for data-related class actions (Meta)
Norton Rose Fulbright (London)
Royaume-Uni 2 contributions 97 visites
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Norton Rose Fulbright (London)
Royaume-Uni 1 contribution 59 visites
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Norton Rose Fulbright (London)
Royaume-Uni 1 contribution 59 visites
This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The competition collective action against Meta (formerly Facebook) is one of a number of pending collective actions against the tech giants, including Apple (...)

The UK Competition Appeal Tribunal declines to certify a £2.3B opt-out class action brought against a social media platform over an alleged abuse of a dominant position (Meta)
Baker McKenzie (London)
États-Unis 3 contributions 507 visites
The UK Competition Appeal Tribunal (“CAT”) has refused to certify an opt out class application brought by Liza Gormsen in relation to the alleged abuse of a dominant position by a social networking platform. The application signified a trend in claims pursued in the UK, in which it is argued (...)

The Israeli Supreme Court gives a landmark ruling to support private enforcement and class actions claims against monopolists for charging unfair and excessive prices (Gafniel / Coca-Cola)
Barnea Jaffa Lande (Tel Aviv)
Israël 9 contributions 2798 visites
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Barnea Jaffa Lande (Tel Aviv)
Israël 2 contributions 49 visites
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Barnea Jaffa Lande (Tel Aviv)
Israël 1 contribution 49 visites
On July 26, 2022, the Israeli Supreme Court handed down a precedent-setting ruling in the Central Bottle Company (Coca-Cola Israel) case (Permission for Civil Appeal Gafniel v. Central Bottle Company Ltd.). The court determined the Economic Competition Law enables would-be plaintiffs to sue (...)

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)
États-Unis 6 contributions 1087 visites
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Hausfeld (London)
Royaume-Uni 11 contributions 1652 visites
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Hausfeld (London)
Royaume-Uni 5 contributions 1300 visites
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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 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)
États-Unis 7 contributions 1022 visites
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 Ontario Superior Court holds that misleading information can trigger class actions as a breach of the Competition Act (Rebuck / Ford Motor)
Steve Szentesi Law Professional Corporation
France 55 contributions 14628 visites
Key Requirements For Misleading Advertising Civil Actions Confirmed By Ontario Superior Court* In a recent case handed down by the Ontario Superior Court of Justice, in Rebuck v. Ford Motor Company, the Court confirmed key requirements for commencing Competition Act misleading advertising (...)

The US District Court for the Central District of California hears private enforcement actions alleging price discrimination by an energy drink manufacturer (Living Essentials)
Bona Law (Detroit)
États-Unis 24 contributions 5688 visites
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. ROBINSON-PATMAN SUITS AGAINST 5-HOUR ENERGY MAKER PROVIDE LESSONS FOR OTHER SUPPLIERS* Living Essentials LLC, the maker of 5-hour Energy drinks, has faced (...)

The US District Court for the Northern District of California Judge expresses possible abuses in asserting legal privilege (Qualcomm / FTC)
DLA Piper Weiss-Tessbach (Vienna)
Autriche 26 contributions 7679 visites
U.S. Qualcomm Case Update: Privilege Assertions* On 22 March 2018, in a court hearing in the Qualcomm case, Judge Koh expressed her concern over possible abuses in asserting legal privilege over certain documents. In January 2017, the U.S. FTC sued Qualcomm, alleging that the company (...)

The US Court of Appeals for the Ninth Circuit affirms the right of app purchasers to sue a Big Tech company for monopolisation of the market for apps under the indirect-purchaser rule of Illinois Brick (Apple / Pepper)
Hogan Lovells (Washington)
États-Unis 9 contributions 1071 visites
Brief summary of facts Claimants — purchasers of iPhones and iPhone apps — brought suit alleging that Apple had monopolised the market for iPhone apps. In the iPhone "closed system," Apple controls which apps will run on the iPhone software and, through its App Store, Apple earns a 30% (...)

The Italian Supreme Court overturns the Court of Appeal’s dismissal of a private enforcement class action claim against a company that manages a market and leasing the space for abuse of dominance (Comi / Cargest)
Orrick, Herrington & Sutcliffe (Rome)
Italie 6 contributions 216 visites
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Akin Gump Strauss Hauer & Feld (London)
Royaume-Uni 6 contributions 306 visites
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Italian Ministry of Health (Rome)
5 contributions 124 visites
Brief summary of facts In 2007, 52 wholesale fruit and vegetable traders operating at the Rome-Guidonia agri-food wholesale market (the "Market") filed a stand-alone action against Cargest, i.e. the company managing the Market and leasing the space to the traders. Claimants alleged that (...)

The US Court of Appeals for the Second Circuit clarifies that a patent holder’s contractual duty to deal is not necessarily subject to an antitrust duty to deal (Louisiana Wholesale Drug Company / Shire)
McDermott Will & Emery (Paris)
France 136 contributions 68522 visits
Addressing for the first time whether a patent holder under a contractual duty to deal is also subject to an antitrust duty to deal, the U. S. Court of Appeals for the Second Circuit upheld dismissal of a putative antitrust class action challenge to a drug manufacturer’s refusal to fully (...)

The US District Court for the District of California dismisses an action brought by a putative class of consumers on claims of monopolization of the aftermarket for phone apps (Apple)
Oracle (San Francisco)
États-Unis 6 contributions 2580 visites
Plaintiffs Hit an Illinois Brick Wall: Indirect Purchasers of iPhone Apps Lack Standing to Bring Antitrust Suit* On December 2, 2013, United States District Judge Yvonne Gonzalez Rogers of the Northern District of California dismissed a case against Apple brought by a putative class of (...)

The US Court of Appeals for the Ninth Circuit affirms the District Court’s denial of class certification and the dismissal of the complaint with prejudice (Sommers / Apple)
Dechert (San Francisco)
États-Unis 26 contributions 9101 visites
If Your Allegations Don’t Establish a Price Effect, You May Lack Antitrust Standing* In Somers v. Apple, Inc., Case No. 11-16896 (9th Cir. Sept. 3, 2013), the Ninth Circuit affirmed the district court’s dismissal of a putative class action against Apple, Inc., alleging antitrust violations (...)

The US District Court for the District of Minnesota dismisses an antitrust complaint on the basis that copyright owners may exclude others from using even portions of their work in the market for footage of professional football games (Washington / NFL)
Loeb & Loeb (New York)
États-Unis 1 contribution 233 visites
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Loeb & Loeb (Los Angeles)
États-Unis 1 contribution 233 visites
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Loeb & Loeb (Los Angeles)
États-Unis 1 contribution 233 visites
Plaintiffs Gene Washington, Diron Talbert, and Sean Lumpkin, former professional football players, brought a class action suit against the National Football League and a number of affiliated entities, including each of the 32 NFL teams, alleging that the NFL defendants, by constraining (...)

The Chinese Supreme Court issues rules governing private antitrust litigations arising from monopolistic conducts
Covington & Burling (Washington)
États-Unis 21 contributions 1772 visites
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Covington & Burling (Washington)
États-Unis 26 contributions 3735 visites
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Covington & Burling (Beijing)
Chine 9 contributions 499 visites
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On May 8, China’s Supreme People’s Court (“SPC”) issued its Rules on the Application of Laws for Adjudicating Civil Disputes Arising From Monopolistic Conduct (“the Rules”). According to the SPC, the Rules, which take effect June 1, are intended to ease plaintiffs’ burdens and are thus likely (...)

The US District Court for the District of Ohio grants summary judgement in a class action suit alleging that a drug manufacturer’s rebates to pharmacy benefit managers to obtain an exclusive listing do not violate the Sherman Act (Wyeth / J.B.D.L)
Jones Day (Washington)
États-Unis 11 contributions 6512 visites
A U.S. District Court in Ohio granted summary judgment for defendants in a class action suit alleging that a drug manufacturer’s rebates to pharmacy benefit managers in order to obtain an exclusive listing in the PBMs’ drug formulary violated Section 1 of the Sherman Act. The plaintiffs, (...)

Mergers

 The US District Court for the Northern District of Illinois certifies a class action in challenging a consummated merger in the healthcare system services (Evanston Northwestern)
McDermott Will & Emery (Paris)
France 136 contributions 68522 visits
On December 10, 2013, Judge Edmond Chang of the Northern District of Illinois certified a class of plaintiffs who filed a proposed class action against NorthShore University Health System (formerly Evanston Northwestern Healthcare) on behalf of all end-payors who purchased inpatient and (...)

The US District Court for the Northern District of California starts hearings in a class action case where the plaintiffs argue that the previous US DoJ settlement failed to ameliorate the competitive harm occasioned by the removal of a direct competitor and price maverick (AB InBev / Grupo Modelo)
King & Wood Mallesons (Sydney)
Australie 11 contributions 1453 visites
This article was originally published on In Competition by King & Wood Mallesons (click here). Closing time* Given our previous posts on the topic you would be forgiven for thinking we have a particular interest in Corona sales. Rather, the AB InBev / Grupo Modelo merger has been (...)

Procedures

 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)
Royaume-Uni 3 contributions 1185 visites
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Hausfeld (London)
Royaume-Uni 2 contributions 658 visites
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 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)
Royaume-Uni 5 contributions 2546 visites
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 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)
États-Unis 11 contributions 5149 visites
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Hausfeld (London)
Royaume-Uni 2 contributions 808 visites
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Hausfeld (London)
Royaume-Uni 1 contribution 358 visites
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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 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)
Royaume-Uni 1 contribution 527 visites
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Harcus Parker (London)
Royaume-Uni 5 contributions 2546 visites
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 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)
États-Unis 1 contribution 156 visites
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Morgan Lewis (Houston)
États-Unis 1 contribution 156 visites
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 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)
États-Unis 1 contribution 117 visites
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 rules that enforcement by debt collectors of damages claims bundled through mass assignment is compliant with German law (Financialright)
Van Bael & Bellis (Brussels)
Belgium 31 contributions 4259 visits
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Van Bael & Bellis (Brussels)
Belgique 24 contributions 5036 visites
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Van Bael & Bellis (Brussels)
Belgique 11 contributions 5929 visites
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 German Federal Court of Justice opens the door to collective action claims in cartel cases (financialright)
Hausfeld (Berlin)
Allemagne 11 contributions 3117 visites
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Hausfeld (Berlin)
Allemagne 1 contribution 135 visites
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 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)
États-Unis 1 contribution 65 visites
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 US Court of Appeals for the Ninth Circuit, sitting en banc, declares that a class can be certified without considering whether there are more than a de minimis number of uninjured class members (Olean Wholesale Grocery / Bumble Bee Foods)
Hausfeld (San Francisco)
États-Unis 3 contributions 334 visites
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Baker McKenzie (Washington)
États-Unis 3 contributions 329 visites
Rule 23(b)(3) of the Federal Rules of Civil Procedure has been the basic mechanism for antitrust classes to obtain monetary damages. This is because antitrust violations usually meet the requirement of issues predominantly common to all class members. For more than a decade now, however, (...)

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)
Royaume-Uni 1 contribution 98 visites
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 62 contributions 27901 visits
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Skadden, Arps, Slate, Meagher & Flom (London)
Royaume-Uni 8 contributions 3699 visites
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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 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 4585 visits
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Hogan Lovells (Munich)
Allemagne 3 contributions 1468 visites
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Hogan Lovells (Munich)
Allemagne 1 contribution 621 visites
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 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)
États-Unis 1 contribution 704 visites
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Cleary Gottlieb Steen & Hamilton (New York)
États-Unis 1 contribution 704 visites
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Cleary Gottlieb Steen & Hamilton (New York)
États-Unis 1 contribution 704 visites
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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 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)
Royaume-Uni 1 contribution 353 visites
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Covington & Burling (Brussels)
Belgique 1 contribution 353 visites
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Covington & Burling (London)
Royaume-Uni 6 contributions 1441 visites
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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 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)
États-Unis 11 contributions 5149 visites
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Hausfeld (London)
Royaume-Uni 7 contributions 2100 visites
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Ashurst (London)
United Kingdom 8 contributions 3345 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 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)
Royaume-Uni 7 contributions 2100 visites
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Hausfeld (London)
Royaume-Uni 3 contributions 880 visites
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 US Court of Appeals for the Ninth Circuit dismisses the class action brought on behalf of indirect purchasers alleging that a chip manufacturer abused its dominant position and concludes that the District Court of California had an interest in applying its antitrust law to deter its resident corporations from violating the antitrust laws (Qualcomm / Stromberg)
Bona Law (San Diego)
États-Unis 22 contributions 3758 visites
This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. When you defend antitrust class actions in federal court like we do, you often see a long list of state antitrust claims brought by what are called indirect (...)

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 9598 visits
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Herbert Smith Freehills (London)
France 12 contributions 3367 visites
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Herbert Smith Freehills (London)
United Kingdom 60 contributions 21631 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 UK Competition Appeal Tribunal certifies a well-publicized class action litigation against a financial services company (Merricks / Mastercard)
Shearman & Sterling (London)
Royaume-Uni 23 contributions 14293 visites
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Shearman & Sterling (London)
Royaume-Uni 30 contributions 14312 visites
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Shearman & Sterling (Brussels)
Belgique 21 contributions 10375 visites
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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)
Royaume-Uni 4 contributions 549 visites
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 62 contributions 27901 visits
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Skadden, Arps, Slate, Meagher & Flom (London)
Royaume-Uni 8 contributions 3699 visites
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 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)
Allemagne 3 contributions 1468 visites
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Hogan Lovells (Munich)
Germany 39 contributions 4585 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 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)
États-Unis 4 contributions 2620 visites
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Jones Day (San Francisco)
États-Unis 1 contribution 706 visites
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Jones Day (Irvine)
États-Unis 1 contribution 706 visites
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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 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)
Royaume-Uni 5 contributions 1300 visites
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Hausfeld (London)
Royaume-Uni 11 contributions 1652 visites
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 England & Wales Court of Appeal confirms that collective proceedings’ funding arrangements are not damages-based agreements (Trucks Cartel)
Ashurst (London)
Royaume-Uni 14 contributions 2590 visites
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Ashurst (London)
Royaume-Uni 7 contributions 1413 visites
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 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)
États-Unis 11 contributions 5149 visites
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 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 9598 visits
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Herbert Smith Freehills (London)
France 12 contributions 3367 visites
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Herbert Smith Freehills (London)
Royaume-Uni 2 contributions 560 visites
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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 hands down an important judgment, allowing a £14 billion opt-out collective proceeding (Merricks / Mastercard)
Oxera (Oxford)
Royaume-Uni 2 contributions 1927 visites
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Oxera (London)
Royaume-Uni 1 contribution 260 visites
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 hands down a judgment regarding a class action for follow-on damages (Merricks / Mastercard)
Bird & Bird (London)
Royaume-Uni 19 contributions 3544 visites
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Bird & Bird (London)
Royaume-Uni 6 contributions 3070 visites
Introduction On the 11th December 2020, the UK Supreme Court (“SC”) handed down its judgment in the case between Walter Hugh Merricks, CBE (“Merricks”) and Mastercard Incorporated (“Mastercard”). The judgment concerns Merricks’ Collective Proceedings Order (“CPO”) application to pursue a (...)

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 13780 visits
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White & Case (London)
United Kingdom 12 contributions 2939 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 gives guidance on collective proceedings in competition appeal tribunal in the financial services sector (Merricks / Mastercard)
Shearman & Sterling (London)
Royaume-Uni 3 contributions 481 visites
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Shearman & Sterling (Brussels)
Belgique 21 contributions 10375 visites
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Shearman & Sterling (London)
Royaume-Uni 6 contributions 1275 visites
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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 lowers the bar for certification of class actions when giving its judgment against a financial services company (Merricks / Mastercard)
Hogan Lovells (London)
Royaume-Uni 1 contribution 145 visites
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Hogan Lovells (London)
Royaume-Uni 1 contribution 145 visites
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Addleshaw Goddard (London)
Royaume-Uni 1 contribution 145 visites
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 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)
Royaume-Uni 1 contribution 141 visites
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Bird & Bird (London)
Royaume-Uni 1 contribution 141 visites
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Bird & Bird (London)
Royaume-Uni 28 contributions 3599 visites
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 remands a £14 billion class-action lawsuit against a credit card company back to the Competition Appeal Tribunal (Merricks / Mastercard)
Government Legal Department (London)
Royaume-Uni 18 contributions 2533 visites
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 lowers the bar on certification for collective actions by dismissing a credit card company’s appeal (Merricks / Mastercard)
Ashurst (London)
Royaume-Uni 14 contributions 2590 visites
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Ashurst (London)
Royaume-Uni 7 contributions 1413 visites
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 clarifies the low bar for class action certification (Merricks / Mastercard)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 62 contributions 27901 visits
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Skadden, Arps, Slate, Meagher & Flom (London)
Royaume-Uni 8 contributions 3699 visites
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Steptoe & Johnson (London)
Royaume-Uni 4 contributions 901 visites
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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 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)
Royaume-Uni 6 contributions 1441 visites
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Covington & Burling (London)
Royaume-Uni 4 contributions 502 visites
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Covington & Burling (Brussels)
Belgium 49 contributions 18255 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 issues a judgment which provides guidance on how the CAT may consider the question of certification for collective proceedings (Merricks / Mastercard)
Frontier Economics (London)
Royaume-Uni 2 contributions 84 visites
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Frontier Economics (London)
Royaume-Uni 2 contributions 84 visites
This article has been nominated for the 2022 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The Future of collective proceedings in the UK In the Supreme Court’s leading judgment in Merricks, the concept of relative suitability was found to be a key (...)

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 13780 visits
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White & Case (London)
United Kingdom 12 contributions 2939 visits
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White & Case (London)
Royaume-Uni 1 contribution 50 visites
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 UK Supreme Court gives antitrust class actions the green light to proceed to trial (Merricks / Mastercard)
Norton Rose Fulbright (London)
Royaume-Uni 5 contributions 1368 visites
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Norton Rose Fulbright (London)
Royaume-Uni 2 contributions 97 visites
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Norton Rose Fulbright (London)
Royaume-Uni 1 contribution 38 visites
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This article has been nominated for the 2022 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The recent UK Supreme Court ruling in Merricks v Mastercard has important implications for UK collective actions for competition law infringements. The (...)

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)
Royaume-Uni 1 contribution 185 visites
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Herbert Smith Freehills (London)
United Kingdom 45 contributions 9598 visits
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Herbert Smith Freehills (London)
France 12 contributions 3367 visites
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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 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)
Royaume-Uni 5 contributions 3241 visites
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Cleary Gottlieb Steen & Hamilton (London)
Belgique 32 contributions 38599 visites
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Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 27 contributions 8866 visites
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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 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)
Royaume-Uni 14 contributions 2590 visites
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Ashurst (London)
Royaume-Uni 7 contributions 1413 visites
On 11 November 2020, the Court of Appeal emphatically dismissed an appeal brought by five truck manufacturers against a judgment of the Competition Appeal Tribunal ("CAT") handed down in March 2020 relating to the evidential weight to be given to recitals to a European Commission infringement (...)

The UK Competition Appeal Tribunal rules that class certification in a follow-on damages claim raises novel legal issues and cannot be determined at a preliminary stage (Michael O’Higgins / Philip Evans / Barclays / MUFG Bank)
Osborne Clarke (London)
Royaume-Uni 28 contributions 804 visites
Brief summary of facts The collective proceedings combine follow-on claims for damages under S. 47A of the CA 1998 caused by the proposed Defendants’ infringement of Article 101(1) of the TFEU as determined in two EU cartel decisions from 16 May 2019: 1) The Forex - 3-way Banana Split (...)

The UK Competition Appeal Tribunal rules that the certification in a class action follow-on damages claim raises novel legal issues and cannot be determined at a substantive hearing (Michael O’Higgins / Philip Evans / Barclays / MUFG Bank)
Osborne Clarke (London)
Royaume-Uni 28 contributions 804 visites
Brief summary of facts The collective proceedings combine follow-on claims for damages under S. 47A of the CA 1998 caused by the proposed Defendants’ infringement of Article 101(1) of the TFEU as determined in two EU cartel decisions from 16 May 2019: 1) The Forex – 3-way Banana Split (...)

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 47473 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 Ontario Government introduces Bill 161 with amendments to the process for class actions and private enforcement
Fasken Martineau DuMoulin (Toronto)
Canada 11 contributions 876 visites
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Since the Supreme Court of Canada’s trilogy of decisions in Pro-Sys, Sun-Rype and Infineon, plaintiffs have had considerable success certifying private (...)

The Canadian Supreme Court clarifies several procedural questions relating to class actions, with potential significance to class actions in the UK and EU (Pioneer / Godfrey)
Allen & Overy (Washington)
États-Unis 1 contribution 53 visites
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Allen & Overy (Brussels)
Belgique 2 contributions 558 visites
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Cohen & Gresser (Washington)
États-Unis 1 contribution 53 visites
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On September 20, 2019, the Supreme Court of Canada (“SCC”) issued a landmark antitrust class action decision in Pioneer Corp. v Godfrey which clarified several (...)

The US Court of Appeals for the DC Circuit affirms the denial of class certification for failing to satisfy the requirement for predominance (In re Rail Freight Fuel Surcharge Antitrust Litigation)
Paul Weiss (New York)
États-Unis 3 contributions 202 visites
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Paul Weiss (Washington)
États-Unis 3 contributions 202 visites
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George Mason University - Antonin Scalia Law School (Arlington)
États-Unis 5 contributions 521 visites
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This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On August 16, 2019, the United States Court of Appeals for the District of Columbia Circuit affirmed the denial of class certification in In re Rail Freight (...)

The US Supreme Court holds that App store consumers are direct purchasers of the Big Tech company and are thus not precluded from suing for damages under federal antitrust law (Apple / Pepper)
Bona Law (San Diego)
États-Unis 22 contributions 3758 visites
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. This is part two of an article about the Supreme Court’s 2019 decision in Apple v. Pepper, the classic antitrust cases of Illinois Brick and Hanover Shoe, (...)

The US Supreme court reaffirms the "direct purchaser" rule for private claims under federal antitrust laws but also allows for monopolization claims against a mobile app store owner (Apple / Pepper)
Clifford Chance (Washington)
États-Unis 11 contributions 8042 visites
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On May 13, 2019, the U.S. Supreme Court reaffirmed that private claims under the federal antitrust laws cannot be brought by "indirect purchasers" who did not (...)

The US Supreme Court affirms the right of app purchasers to sue an app company for monopolization under the indirect-purchaser rule of Illinois Brick as a rule of contractual privity rather than a rule of proximate cause (Apple / Pepper)
Willkie Farr & Gallagher (New York)
États-Unis 2 contributions 179 visites
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Bernstein Litowitz Berger & Grossmann
2 contributions 179 visites
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Willkie Farr & Gallagher (New York)
États-Unis 3 contributions 2478 visites
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In Apple Inc. v. Pepper, a 5-4 Supreme Court affirmed the right of app purchasers under the indirect-purchaser rule of Illinois Brick Co. v. Illinois to sue (...)

The US Supreme Court rejects an attempt to block consumer claims against a Big Tech company under the indirect-purchaser rule (Apple / Pepper)
Jones Day (Washington)
États-Unis 25 contributions 7893 visites
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Jones Day (Houston)
États-Unis 35 contributions 15887 visites
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Jones Day (Los Angeles)
États-Unis 1 contribution 882 visites
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This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In May 2019, the U.S. Supreme Court issued a 5–4 decision in Apple v. Pepper, one of the Court’s most significant antitrust rulings of the last several years. (...)

The England & Wales Court of Appeal overturns a Competition Appeal Tribunal’s decision refusing a £14 billion class action against a credit card company (Merricks / Mastercard)
Hausfeld (Washington)
États-Unis 8 contributions 9377 visites
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Hausfeld (New York)
États-Unis 12 contributions 3001 visites
Introduction Few would argue with the proposition that antitrust indirect purchaser class actions in the U.S. raise more difficult questions of commonality, impact, and manageability than direct purchaser class actions, even though there may have been harm sustained at both levels. (...)

The England & Wales Court of Appeal clarifies the collective proceeding regime in a private action against a credit card company (Merricks / MasterCard)
Blackstone Chambers (London)
Royaume-Uni 23 contributions 5921 visites
Merricks v MasterCard: Collective Actions Reinvigorated* The Court of Appeal today gave its much-anticipated judgment in the application to bring collective proceedings against MasterCard: see Merricks v MasterCard Incorporated and others [2019] EWCA Civ 674. It is a major victory for the (...)

The England & Wales Court of Appeal overturns a Competition Appeal Tribunal’s decision in favour of consumers in collective proceedings against a credit card company (Merricks / Mastercard)
Allegro Consulting (Brussels)
Belgique 3 contributions 798 visites
Walter Merricks v. Mastercard, Paving the Way for Economic Analysis in Class Actions* The England and Wales Court of Appeal has overturned the Decision of the United Kingdom Competition Appeals Tribunal (CAT) in the collective proceedings Walter Merricks v MasterCard, where final consumers (...)

The England & Wales Court of Appeal overturns a decision refusing a £14 billion class action against a financial services company (Merricks / MasterCard)
Hausfeld (London)
États-Unis 6 contributions 1087 visites
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Hausfeld (London)
Royaume-Uni 11 contributions 1652 visites
On 16 April 2019, the UK Court of Appeal handed down what is undoubtedly the most significant ruling to date for the UK’s young collective actions regime. The Judgment in Merricks v Mastercard overturned the Competition Appeal Tribunal’s prior ruling refusing certification of Walter Merricks’ (...)

The England & Wales Court of Appeal overturns the Competition Appeal Tribunal’s refusal to certify a collective action claim (MasterCard / Merricks)
Herbert Smith Freehills (London)
Royaume-Uni 45 contributions 9598 visites
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Herbert Smith Freehills (London)
France 12 contributions 3367 visites
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Herbert Smith Freehills (London)
Royaume-Uni 60 contributions 21631 visites
In its judgment of 16 April 2019 the Court of Appeal overturned the Competition Appeal Tribunal’s (CAT) decision refusing certification in the MasterCard collective action claim and remitted the case back to the CAT for a re-hearing. The CAT’s refusal to certify the claim and grant a (...)

The England & Wales Court of Appeal confirms that the first claim under the UK’s flagship "opt-out" regime can proceed (Merricks / Mastercard)
Simmons & Simmons (London)
Royaume-Uni 1 contribution 2089 visites
The action is based on the EU Commission’s finding that MasterCard’s EEA multilateral interchange fees (MIFs) breached Article 101(1) TFEU (see here for further details). That finding was upheld by the European Court of Justice (on appeal by MasterCard) on 11 September 2014 (see our further (...)

The England & Wales Court of Appeal overturns a Competition Appeal Tribunal’s decision in landmark collective action (Merricks / Mastercard)
Court of First Instance of Namur (Namur)
Belgique 224 contributions 47475 visites
On 16 April 2019, the UK Court of Appeal ruled that the Competition Appeal Tribunal (“CAT”) had incorrectly refused to certify a major collective action brought against Mastercard. The collective action seeks approximately GBP 14 billion in damages on behalf of an estimated 46.2 million (...)

The England & Wales Court of Appeal grants the appeal by over 46 million consumers against a financial company in relation to alleged overcharging of interbank fees (Merricks / MasterCard)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgique 62 contributions 27908 visites
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Skadden, Arps, Slate, Meagher & Flom (London)
Royaume-Uni 8 contributions 3699 visites
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgique 79 contributions 60476 visites
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This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. A recent Court of Appeal decision has reignited the prospects of a £14 billion class action against Mastercard. In a much-anticipated ruling, the court has (...)

The Dutch Parliament passes legislation that will enable opt-out damages claims in relation to a broad range of causes of action including antitrust infringements and those based on violations of consumer, environmental, and data protection laws
Hausfeld (London)
Royaume-Uni 11 contributions 1652 visites
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Hausfeld (Washington)
États-Unis 2 contributions 254 visites
As part of a larger trend in Europe, the Dutch Parliament has passed legislation that will enable opt-out damages claims in relation to a broad range of causes of action, including antitrust infringements and those based on violations of consumer, environmental, and data protection laws. The (...)

The UK Competition Appeal Tribunal receives notice of a class action brought against major national rail companies (Justin Gutmann / First MTR South Western Trains / London & South Eastern Railway)
Osborne Clarke (London)
Royaume-Uni 28 contributions 804 visites
Brief summary of facts The claims are for the damages of a large number of rail passengers who have suffered loss as a result of the conduct of the Respondent/Proposed Defendant. The proposed class members are holders of Transport for London (“TfL”) zonal tickets (“Travelcards”) who have (...)

The US Court of Appeals for the Seventh Circuit upholds dismissal of a class action against containerboard manufacturers for conspiring to increase prices and reduce output (Kleen Products / Georgia‐Pacific / West Rock CP)
Wolters Kluwer (Riverwoods)
États-Unis 78 contributions 39175 visites
Seventh Circuit Identifies Difficulties in Challenging* In a decision pondering the adequacy of the Sherman Act to protect consumers from consciously parallel conduct among oligopolists, the U.S. Court of Appeals in Chicago upheld dismissal of a class action against containerboard (...)

The US Court of Appeals for the First Circuit holds that no class containing uninjured members can be certified unless, when moving for class certification, plaintiffs offer a manageable way for defendants to contest at trial whether their conduct injured individual class members (In re: Asacol Antitrust Litigation)
White & Case (New York)
États-Unis 2 contributions 568 visites
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Suffolk University Law School
États-Unis 9 contributions 2756 visites
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White & Case (New York)
États-Unis 4 contributions 1322 visites
The U.S. Court of Appeals for the First Circuit’s landmark In re: Asacol Antitrust Litigation decision holds that no class containing uninjured members can be certified unless, when moving for class certification, plaintiffs offer a manageable way for defendants to contest at trial whether (...)

The US Supreme Court accepts a claim as the opportunity to revisit its rules on antitrust claims by indirect purchaser (Apple / Pepper)
Amadeus (Madrid)
Espagne 1 contribution 94 visites
On June 18, 2018, the U.S. Supreme Court accepted Apple’s petition for certiorari in Apple Inc. v. Pepper, appealing the Ninth Circuit’s decision that Apple is, by contract, the exclusive distributor of iPhone applications (“apps”) through the online Apple App Store platform, from which (...)

The US Supreme Court vacates the Court of Appeals’ ruling and declares that submissions by foreign governments on their law must be accorded respect but are not binding (Animal Science Products / Hebei Welcome Pharmaceutical)
Washington University in Saint Louis
États-Unis 1 contribution 16 visites
This article has been nominated for the 2022 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 14 June 2018, the U.S. Supreme Court vacated the judgment of the Court of Appeals for the Second Circuit involving a number of Vitamin C exporters from (...)

The US Supreme Court rules, concerning a class action for conspiracy to fix vitamin prices, that federal courts determining foreign law are not bound by the foreign government’s interpretation of that law (Animal Science products / Hebei Welcome Pharmaceutical)
Norton Rose Fulbright (New York)
États-Unis 1 contribution 131 visites
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Norton Rose Fulbright (Houston)
États-Unis 1 contribution 131 visites
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Norton Rose Fulbright (Houston)
États-Unis 1 contribution 131 visites
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In an opinion issued on June 14, 2018, the United States Supreme Court addressed the effect U.S. courts should give to a foreign government’s interpretation of (...)

The Canadian Court of Appeal clarifies the application of the discoverability principle and makes it easier for plaintiffs to add defendants (Mancinelli / Royal Bank of Canada)
Steve Szentesi Law Professional Corporation
France 55 contributions 14628 visites
Ontario Court of Appeal Makes It Easier For Plaintiffs to Add Defendants Under Competition Act Limitation Provision* The Ontario Court of Appeal recently issued a significant decision in Mancinelli v. Royal Bank of Canada, 2018 ONCA 544 (C.A.), in which the Court clarified the application of (...)

The Canadian Court of Appeal accepts additional defendants in a price-fixing class action against major banks (Mancinelli / Royal Bank of Canada)
Affleck Greene McMurtry (Toronto)
Canada 2 contributions 642 visites
Court Of Appeal Adds Banks To FX Price Fixing Class Action* In overturning a lower court decision, the Ontario Court of Appeal ruled that TD Bank and BMO would be added as defendants in a price fixing class action against major banks. The case was Mancinelli v. Royal Bank of Canada. The (...)

The EU Commission proposes a harmonized approach to collective redress such as group or class actions
Skadden, Arps, Slate, Meagher & Flom (London)
Royaume-Uni 8 contributions 3699 visites
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Skadden, Arps, Slate, Meagher & Flom (Frankfurt)
Allemagne 2 contributions 1067 visites
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Steptoe & Johnson (London)
Royaume-Uni 4 contributions 901 visites
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Despite 20 years of robust legislative activity in the field of consumer protection and the 2013 European Commission recommendation on collective redress mechanisms, a harmonized approach to collective redress such as group or class actions does not exist throughout the European Union. That (...)

The EU Commission launches "New Deal" Consumer legislation on collective redress
Latham & Watkins (Hambourg)
Allemagne 1 contribution 177 visites
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Latham & Watkins (Brussels)
Belgique 9 contributions 5707 visites
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Latham & Watkins (Brussels)
Belgique 6 contributions 943 visites
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European Commission Launches “New Deal” Consumer Legislation Covering Digital Services* Proposed new consumer legislation raises regulatory risks for businesses, creating new rights for consumers and introducing potentially increased collective litigation and fines for businesses. The (...)

The EU Council’s working group proposes a Directive on representative actions for the protection of collective interests of consumers
Bird & Bird (Brussels)
Belgium 42 contributions 12492 visits
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Allen & Overy (Brussels)
Belgique 28 contributions 3368 visites
On 4 and 5 November 2019, the European Council’s Working Group on Consumer Protection and Information discussed the latest compromise proposal, as circulated by the Finnish Presidency of the Council, on representative actions for the protection of collective interests of consumers. The Finnish (...)

The Italian Supreme Court upholds the class action ruling of the Court of Appeal of Milan on misleading advertising (Voden)
Jones Day (Milano)
Italie 3 contributions 463 visites
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Jones Day (Munich)
Allemagne 1 contribution 331 visites
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Jones Day (Paris)
France 1 contribution 331 visites
The Situation: On January 31, 2018, the Italian Supreme Court ruled on the first Italian product-related class action promoted by a consumers’ association. The Result: The Court upheld the consumer’s class action claim regarding the unlawful advertising of a medical device. Looking Ahead: (...)

The US District Court for the Eastern District of Michigan dismisses a Sherman Act class action lawsuit for lack of antitrust injury (Shain / Advanced Technologies)
Cleary Gottlieb Steen & Hamilton (Rome)
Italie 9 contributions 3252 visites
US District Court dismisses a Sherman Act class action lawsuit brought by former and current Bureau of Prison inmates for lack of antitrust injury* On 28 February 2017, the U.S. District Court for the Eastern District of Michigan (hereinafter, “District Court”) dismissed a putative class (...)

The US Court of Appeals for the Ninth Circuit overturns judgment of the District Court which rejected a class action based on lack of evidence on potential substitutes in geographic markets (Sutter Health)
Crowell & Moring (New York)
États-Unis 3 contributions 620 visites
Health Plan Members Convince Ninth Circuit to Revive Antitrust Class Action Against Dominant Northern California Healthcare Provider Sutter Health*An antitrust class action challenging the dominance of healthcare provider Sutter Health in Northern California received a new lease on life Friday (...)

The Canadian Supreme Court refuses to approve a fee sharing agreement between two companies on credit card interchange fees (Bancroft-Snell / Visa Canada)
Conzen O’Connor (Toronto)
France 23 contributions 5695 visites
Courts have begun to criticize plaintiff lawyers who file multiple overlapping class actions across the country. In Ontario, Perell J. refused to approve an agreement by two BC firms to share their fee with a Saskatchewan-based firm, Merchant Law Group (“MLG”) in Bancroft-Snell v. Visa Canada (...)

The UK Parliament provides powers for the Competition Authority to approve voluntary redress schemes
University of East Anglia
Royaume-Uni 14 contributions 26586 visites
Why harmed consumers may be more satisfied in the future – the CMA’s new redress scheme* In an earlier blog post I wrote about the new opt-out collective action regime introduced by the Consumer Rights Act 2015. This is not the only measure that is to help consumers and other injured parties (...)

The US Supreme Court allows appeal of a terminated individual case from multi-district litigation proceeding (Gelboim / Bank of America)
Bona Law (San Diego)
États-Unis 22 contributions 3758 visites
US Supreme Court Allows Appeal of Terminated Individual Case from MDL Proceeding* The US Supreme Court just issued its decision in an antitrust case called Ellen Gelboim v. Bank of America Corporation. This case arises out of major multi-district litigation (an MDL) centered on allegations (...)

The US Supreme Court provides certainty to plaintiffs about the timing of their appeal in multidistrict litigations (Gelboim / Bank of America)
Siemens (New York)
États-Unis 21 contributions 7698 visites
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Patterson Belknap Webb & Tyler (New York)
États-Unis 1 contribution 263 visites
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Cleary Gottlieb Steen & Hamilton (New York)
États-Unis 4 contributions 688 visites
Supreme Court Revives LIBOR Antitrust Appeal in Gelboim et al. v. Bank of America Corp. et al.* On January 21, 2015, the Supreme Court of the United States issued a highly anticipated decision in a LIBOR-based antitrust class action suit allowing a plaintiff to immediately take a direct (...)

The Canadian Supreme Court confirms plaintiffs’ ability to obtain disclosure of wiretap evidence obtained in connection with criminal competition law investigations (Imperial Oil)
Steve Szentesi Law Professional Corporation
France 55 contributions 14628 visites
Canadian Supreme Court Clears Criminal Wiretap Evidence For Use in Competition Class Actions* In an important decision released on October 17, 2014, Imperial Oil v. Jacques, 2014 SCC 66, the Canadian Supreme Court confirmed plaintiffs’ ability to obtain disclosure of wiretap evidence (...)

The Canada Supreme Court rules that civil antitrust plaintiffs may receive wire-tap evidence obtained in a criminal investigation (Imperial Oil)
Siemens (New York)
États-Unis 21 contributions 7698 visites
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Hartline Barger (Mexico)
2 contributions 295 visites
Civil Antitrust Attorneys Receive Wire-Tap Evidence* The Canada Supreme Court ruled earlier this month that civil antitrust plaintiffs may receive wire-tap evidence obtained in the criminal investigation into an alleged price-fixing scheme by several large gas companies. During the criminal (...)

The US District Court for the Northern District of California receives a letter from former employee and plaintiff in the trial asking the judge to reject the settlement negotiated by his lawyers (High-Tech employees)
Dechert (San Francisco)
États-Unis 26 contributions 9101 visites
A Rare Challenge to a Class Action Settlement . . . From a Named Plaintiff* One of the named class plaintiffs in the high-tech employee antitrust case has filed an objection to the proposed class settlement. The plaintiff, Mr. Michael Devine, analogized the approximately $300 million (...)

The EU Parliament brings forward legislation to reform civil litigation procedures to facilitate follow-on damages actions in competition cases by remedying the difficulties faced by claimants
St John’s Chambers (Bristol)
Royaume-Uni 15 contributions 5663 visites
Changes to the private litigation regime in the UK: are more collective damages actions on the way?* Private damages litigation is an important complement to public enforcement of UK and EU competition law by the European Commission and national competition authorities (“NCAs”), such as the (...)

The UK House of Commons amends the proposed bill on consumer rights which brings forward reform of the civil litigation procedures to facilitate follow-on damages actions in competition cases
St John’s Chambers (Bristol)
Royaume-Uni 15 contributions 5663 visites
Changes to the private litigation regime in the UK: are more collective damages actions on the way?* Private damages litigation is an important complement to public enforcement of UK and EU competition law by the European Commission and national competition authorities (“NCAs”), such as the (...)

The UK Parliament adopts a proposal for an opt-out regime from contingency fees in collective actions
Willkie Farr & Gallagher (London)
Royaume-Uni 3 contributions 5292 visites
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William Roberts Lawyers
1 contribution 224 visites
Sharing Risk in Collective Actions* With legislation to introduce collective actions currently making its way through Parliament (see our previous blog here), we are pleased to welcome a guest blog from Elaine Whiteford of King & Wood Mallesons LLP and Oliver Gayner of Burford Capital (...)

The US District Court for the District of New Jersey dismisses antitrust class action against two pharma producers regarding an agreement because no reverse payment with cash was involved to keep the rival off the market (GlaxoSmithKline / Teva)
DLA Piper Weiss-Tessbach (Vienna)
Autriche 26 contributions 7679 visites
U.S. District Court holds that Actavis requires monetary payments for antitrust scrutiny to be applicable* On January 24, 2014 U.S. District Judge William H. Walls dismissed an antitrust class action against GlaxoSmithKline LLC (“GSK”) and Teva Pharmaceutical Industries Ltd. (“Teva”) (...)

The US Supreme Court rules that a state attorney general asserting state law claims for injuries incurred by its citizens is not required to be removed to federal court under the Class Action Fairness Act (AU Optronics)
Wolters Kluwer (Riverwoods)
États-Unis 78 contributions 39175 visites
High Court Rejects Removal of Mississippi Antitrust Suit as Mass Action under Class Action Fairness Act* A price fixing action filed by the State of Mississippi as the sole named plaintiff was not a “mass action” under the Class Action Fairness Act (CAFA), even though the state sought (...)

The Canadian Supreme Court rules on the matter of standing to sue for damages held by indirect purchasers in class action proceedings (Pro-Sys Consultants / Microsoft)
Steve Szentesi Law Professional Corporation
France 55 contributions 14628 visites
New C.D. Howe Institute Report on Indirect Purchaser Class Actions Before Supreme Court Decision – Consensus? Open the Door* Canada’s Supreme Court is expected to release a long awaited indirect purchaser competition class action decision on 31 October 2013. This case, and the tortuous (and (...)

The Canadian Supreme Court allows indirect purchasers to sue for damages caused by a price fixing cartel (Infineon / Pro-Sys / Sun-Rype)
Conzen O’Connor (Toronto)
France 23 contributions 5695 visites
This article has been nominated for the 2014 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Class action business as usual after SCC decisions* It’s business as usual for class actions after Canada’s Supreme Court issued a trilogy of decisions (...)

The Canadian Supreme Court rules on the matter of standing to sue for damages held by indirect purchasers in class action proceedings (Sun-Rype Products / Archer Daniels Midland)
Steve Szentesi Law Professional Corporation
France 55 contributions 14628 visites
New C.D. Howe Institute Report on Indirect Purchaser Class Actions Before Supreme Court Decision – Consensus? Open the Door* Canada’s Supreme Court is expected to release a long awaited indirect purchaser competition class action decision on 31 October 2013. This case, and the tortuous (and (...)

The Canadian Supreme Court rules on the matter of standing to sue for damages held by indirect purchasers in class action proceedings (Infineon Technologies / Option Consommateurs)
Steve Szentesi Law Professional Corporation
France 55 contributions 14628 visites
New C.D. Howe Institute Report on Indirect Purchaser Class Actions Before Supreme Court Decision – Consensus? Open the Door* Canada’s Supreme Court is expected to release a long awaited indirect purchaser competition class action decision on 31 October 2013. This case, and the tortuous (and (...)

The US Court of Appeals for the Seventh Circuit reconfirms class certification post-Comcast (Butler / Sears Roebuck)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
Purchasers of Kenmore washing machines brought class actions alleging products defects involving mold and defective control units. The district court certified the defective control unit class but refused to certify the mold class. On appeal, the Seventh Circuit reversed the refusal to (...)

The US Court of Appeals for the Third Circuit vacates class certification order on ascertainability grounds in consumer false advertising case (Carerra / Bayer)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
Purchasers of a diet supplement brought a class action asserting that Bayer falsely claimed that the supplement enhanced metabolism by including a green tea extract. The district court certified a class of purchasers in Florida. The Third Circuit vacated the class certification order and (...)

The US Court of Appeals for the DC Circuit unanimously overturns the district court’s order granting certification of a class of direct purchasers against four freight railroad companies (In re: Rail Freight Fuel Surcharge Antitrust Litigation)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
Railroad shippers brought a class action, asserting that four freight railroad companies that together comprised nearly 90% of the market for rail freight had participated in a conspiracy to impose rate-based fuel surcharges. The district court certified a class based on two regression (...)

The US District Court for the Southern District of New York certifies class for liability purposes only in a lawsuit brought against retail chain pharmacy (Jacob / Duane Reade)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
Pharmacy store managers brought suit against a retail chain pharmacy, asserting that the pharmacy failed to compensate them for overtime in violation of the Fair Labor Standards Act. The district court concluded that certification of the class for all purposes was inappropriate, under (...)

The US District Court for the Southern District of New York certifies a class for liability purposes only (Jacob / Duane Reade)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
Pharmacy store managers brought suit against a retail chain pharmacy, asserting that the pharmacy failed to compensate them for overtime in violation of the Fair Labor Standards Act. The district court concluded that certification of the class for all purposes was inappropriate under (...)

The US District Court for the Southern District of California refuses to certify nationwide classes in nearly identical “all natural” cases brought against Kashi producers for false advertising (Astiana / Kashi)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
Purchasers of Kashi food products brought a class action for alleged unfair business practices and false advertising, asserting that advertisements claiming Kashi products contained “nothing artificial” and were “all natural” were false and misleading. Defendants argued that the plaintiffs (...)

The US District Court for the Western District of Missouri highlights the unique damages theory, which requires plaintiffs to show that the method of calculating damages measures ‘only those damages attributable to that theory’ of injury asserted by the plaintiffs (Barfield / Sho-Me Power)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
Missouri landowners brought a class action asserting that electric companies that had easements over their properties for the transmission of electricity had exceeded the scope of their easements, by also transmitting fiber optic communications through the properties in addition to (...)

The US Court of Appeals for the Sixth Circuit upholds a district court’s class certification alleging federal antitrust claims (Glazer / Whirlpool)
Skadden, Arps, Slate, Meagher & Flom (Washington)
États-Unis 3 contributions 549 visites
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Skadden, Arps, Slate, Meagher & Flom (Washington)
États-Unis 3 contributions 549 visites
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Skadden, Arps, Slate, Meagher & Flom (Washington)
États-Unis 2 contributions 389 visites
Earlier this year, the U.S. Supreme Court vacated and remanded the Sixth Circuit’s decision in Whirlpool Corp. v. Glazer, 678 F.3d 409 (6th Cir. 2012), for further consideration in light of Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013) (Comcast). The Sixth Circuit has now issued a new (...)

The US Court of Appeals for the Sixth Circuit affirms class certification even for members whose product did not manifest the alleged defect (Whirlpool)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
Purchasers of Whirlpool washing machines brought a product liability class action against Whirlpool, alleging that a design defect in many of the machines resulted in mold and mildew in the machines and foul odors in their homes. A class was certified as to liability issues, with proof of (...)

The US District Court for the Eastern District of California states that if putative class members prove Medline’s liability, damages may be calculated based on the wages each employee lost (Barbosa / Cargill Meat Solutions)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
Employees at a meat processing facility brought a class action claiming that required sanitary procedures deprived them of the benefit of the break time during which their employer required them to perform those procedures. Class certification was sought in connection with a proposed class (...)

The US District Court for the Central District of California denies class certification on California law claims and grants class certification on New York law claims (Guido / L’Oreal)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
Purchasers of a hairstyling product (“Serum”) from L’Oreal brought a class action, asserting that the product was flammable, that its flammability was not adequately disclosed, and that class members would not have bought the product had they known that it was flammable. On that basis, they (...)

The South African Constitutional Court upholds an appeal as regards certification of class actions for damages arising from a cartel violation and pronounces that the correct standard must determine if the institution of a class action would be in the interest of justice (Mukaddam / Pioneer Foods)
Primerio (Johannesburg)
Afrique du Sud 22 contributions 5770 visites
South African Constitutional Court rules on appropriate test for class action relief for damages* ZA Constitutional Court broadens ambit of class-action relief As previously reported, the Supreme Court of Appeal (the “SCA”) handed down two judgments, in November 2012, in respect of the (...)

The South African Supreme Court of Appeal and the Constitutional Court open the door to class actions in all forms (Pioneer Foods)
Norton Rose Fulbright (Johannesburg)
Afrique du Sud 1 contribution 147 visites
This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. To date there have not been any successful private enforcement or collective redress claims in South Africa arising from breaches of competition law. However, (...)

The US Supreme Court reverses the judgment of the Court of Appeals and holds that the parties’ agreement on arbitration shall remain valid (American Express / Italian Colors Restaurant)
Faegre Baker Daniels (Indianapolis)
États-Unis 1 contribution 351 visites
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Faegre Baker Daniels (Minneapolis)
États-Unis 1 contribution 351 visites
Supreme Court Decides American Express Co. et al v. Italian Colors Restaurant et al* On June 20, 2013, the Supreme Court decided American Express Co. et al v. Italian Colors Restaurant et al, No. 12-133, reversing the Second Circuit and holding that the Federal Arbitration Act (FAA) does not (...)

The US Supreme Court rules that an arbitration agreement did not prevent effective vindication of antitrust rights (American Express / Italian Colors Restaurant)
Wolters Kluwer (Riverwoods)
États-Unis 78 contributions 39175 visites
Arbitration Agreement Did Not Prevent Effective Vindication of Antitrust Rights* Consumers and small businesses that are parties to contracts containing arbitration agreements will find it tougher, if not impossible, to avoid the terms of those agreements and pursue an antitrust action in (...)

The US Supreme Court upholds contractual provision waiving class arbitration (American Express / Italian Colors Restaurant)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
Plaintiff merchants asserted antitrust tying claims against American Express, alleging that its “honor all cards” rule leveraged its monopoly power in the credit card market to force merchants to accept cards with higher interchange fees than they would have paid in the absence of that rule. (...)

The US Supreme Court vacates another no-injury washing machine class action (Butler)
Skadden, Arps, Slate, Meagher & Flom (Washington)
États-Unis 3 contributions 549 visites
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Skadden, Arps, Slate, Meagher & Flom (Washington)
États-Unis 3 contributions 549 visites
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Skadden, Arps, Slate, Meagher & Flom (Washington)
États-Unis 1 contribution 160 visites
…
On 3 June 2013, the U.S. Supreme Court summarily vacated and remanded the U.S. Court of Appeals for the Seventh Circuit’s decision in Butler v. Sears, Roebuck & Co., 702 F.3d 359 (7th Cir. 2012), for further consideration in light of Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013) (...)

The US Supreme Court agrees to review a judicial decision as regards a suit alleging state consumer protection and antitrust claims against manufacturers and distributors of LCD panels (Mississippi / AU Optronics)
Wolters Kluwer (Riverwoods)
États-Unis 78 contributions 39175 visites
Removability of Parens Patriae Antitrust Actions Under CAFA To Be Considered by U.S. Supreme Court* It appears that the U.S. Supreme Court will soon resolve a split among the circuits on the issue of whether parens patriae actions can be removed from state court as “mass actions” under the (...)

The US Court of Appeals for the Ninth Circuit reverses a federal district court’s denial of class certification (Levya / Medline Industries)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
Present and former employees of a medical products manufacturer sued under California labor and unfair practice laws for various time calculation practices that allegedly reduced their pay. The district court denied class certification on the basis that damage amounts for each employee would (...)

The US Court of Appeals for the Ninth Circuit reverses an order denying class certification of plaintiffs’ claim for pay discrimination based on national origin (Parra / Bashas)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
Grocery store employees brought a class action alleging discrimination based on race and national origin. Defendants argued that there was no predominance of common questions, asserting that the Supreme Court’s Comcast decision precluded a finding of predominance because individual damage (...)

The US District Court for the Eastern District of Kentucky denies class certification due to individual damage calculation (Cowden / Parker)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
Individual insurance agents brought a class action against their insurance agency employer, asserting that the agency had agreed to pay its agents a commission on certain health insurance plans but had refused to pay them. The court denied class certification, reasoning that under Comcast, (...)

The US District Court for the Eastern District of Tennesse denies motion to dismiss in antitrust case brought against drug makers (In re Skelaxin (Metaxalone) Antitrust Litigation)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
Plaintiff drug purchasers brought suit under federal and state antitrust laws, contending that the defendants had engaged in an unlawful scheme calculated to raise and maintain the prices of the drug Skelaxin through sham litigation, the filing of sham citizen petitions and unlawful horizontal (...)

The United States District Court for the District of Kansas issues judgment which finds that a pharmaceutical company conspired with other manufacturers to fix prices for certain urethane chemical products (Dow Chemical)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
In re Urethane Antitrust Litig. (D. Kan. May 15, 2013) Like the Whirlpool case discussed above, this is another opinion that interprets the Supreme Court’s Comcast opinion to have little likely effect on class certification in antitrust cases. After a four-week jury trial, defendant Dow (...)

The US District Court for the Eastern District of Michigan certifies a class for liability only (Miri / Dillon)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
The plaintiffs, a Michigan brew pub and its owner, brought a class action asserting that standard practices of the Michigan Treasury Department, involving issuance of warrants without judicial approval and search and seizure of property without advance notice, involve routine violations of due (...)

The US District Court for the Northern District of California explains that the predominance element of a class action “does not require a plaintiff to prove that each element of her claim is susceptible to class wide proof” (Diamond Foods Securities Litigation)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
Shareholders of a nut processing, marketing and distributing company brought a class action under the federal securities laws, asserting that the company had maintained artificially high share prices by understating the cost of walnuts. Defendants argued that the plaintiff had failed to (...)

The US District Court for the Central District of California denies class certification due to individual questions of fact (Forrand / Federal Express)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
Federal Express employees brought a class action against it, claiming that Federal Express failed to pay for all hours worked, including off-the-clock work and unpaid meal and rest breaks. The plaintiffs proposed a method of class-wide proof that would have rested on the premise that “clocking (...)

The US District Court for the Northern District of California denies class certification in high tech employees’ price-fixing lawsuit (In re High-Tech Employee Antitrust Litigation)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
In a high-technology case, employees of various high-tech companies sued their employers for conspiring to restrict their salaries. 856 F. Supp. 2d at 1108. Many of the plaintiffs’ allegations mirrored those from earlier complaints that the Department of Justice filed against the same firms, (...)

The US District Court for the District of Kansas grants certification to liability only (Motor Fuel Temperature Sales Practice Litigation)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
Gasoline consumers in California brought a class action against gas station owners and operators in California, claiming that their failure to adjust gasoline prices based on the effects of temperature on gasoline volume and to disclose those effects was a violation of California’s unfair (...)

The US District Court for the Northern District of New York denies class certification due to individualized damage calculations (Roach / TL Cannon)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
Current and former employees of the Applebee’s restaurant stores located in New York brought a class action against Applebee’s based on its failure to adhere to a New York state regulation that required that on each day in which the spread of hours worked exceeds 10, and employee must receive (...)

The US Supreme Court confirms that courts must conduct a rigorous analysis to determine whether antitrust class action plaintiffs meet the requirements for class certification (Comcast / Behrend)
Jones Day (Los Angeles)
États-Unis 5 contributions 3516 visites
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Jones Day (Washington)
États-Unis 15 contributions 9353 visites
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Jones Day (Chicago)
États-Unis 10 contributions 1950 visites
The U.S. Supreme Court has reaffirmed that courts must conduct a "rigorous analysis" to determine whether antitrust class action plaintiffs meet the requirements for class certification, even when that requires inquiry into the merits of the underlying claims, and individual issues of damages (...)

The US Supreme Court applies class certification’s rigorous analysis also to causation and damages (Comcast / Behrend)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
Plaintiff cable TV subscribers asserted Sherman Act conspiracy and monopolization claims, alleging that certain so-called “clustering transactions” that had the effect of reducing competition for cable television services in the Philadelphia region were agreements in restraint of trade. In (...)

The US Supreme Court overturns District Court’s finding and rules that it must conduct a “rigorous analysis” to ensure that the requirements of class certification have been satisfied (Comcast / Behrend)
DLA Piper (Washington)
États-Unis 1 contribution 212 visites
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Robert Connolly Law (Philadelphia)
États-Unis 23 contributions 5173 visites
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Katten Muchin Rosenman (Dallas)
États-Unis 1 contribution 212 visites
Comcast v. Behrend: Supreme Court overturns class certification, upholds Rule 23 “rigorous analysis”* In Comcast Corp. et. al. v. Behrend, et. al., the Supreme Court of the United States, in a 5-4 decision written by Justice Antonin Scalia, reaffirmed the Court’s recent holding in Wal-Mart (...)

The US Supreme Court holds that named plaintiffs in class actions could not, before class certification, avoid going to federal court by stipulating to a cap on damages (Standard Fire / Knowles)
Jones Day (Los Angeles)
États-Unis 5 contributions 3516 visites
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Jones Day (Chicago)
États-Unis 10 contributions 1950 visites
This article has been nominated for the 2014 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On March 19, 2013, the U.S. Supreme Court held in Standard Fire Ins. Co. v. Knowles that named plaintiffs in class actions could not, before class (...)

The US District Court for the Southern District of New York issues ruling on the enforceability of arbitration clauses with class action waivers (Laumann / National Hockey League)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
Plaintiff baseball and hockey fans who had purchased television and internet packages for the viewing of baseball and hockey games brought an antitrust class action against the National Hockey League, Major League Baseball, regional sportns networks and Comcast and DirecTV, alleging that (...)

The US Supreme Court holds that proof of materiality is not a prerequisite to certification of a securities-fraud class action (Amgen / Connecticut Retirement Plans & Trust Funds)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
This case is not an antitrust case, nonetheless it has enormous precedential importance to class certifications in antitrust cases. Plaintiff securities purchasers brought suit under the federal securities laws, relying in order to establish common impact under Rule 23 on the (...)

The US Court of Appeals for the Third Circuit applies “consumer-or-competitor” rule to deny antitrust standing to a foreign manufacturer of a drug marketed in the US by licensee (Ethypharm / Abbott)
Wolters Kluwer (Riverwoods)
États-Unis 78 contributions 39175 visites
Third Circuit Holds the Line on Antitrust Standing* In order to assert an antitrust injury, a plaintiff needs to be a consumer or a competitor in the restrained market, the U.S. Court of Appeals in Philadelphia ruled on January 23, 2013. If a company makes the choice not to compete, then it (...)

The US District Court for the District of Kansas denies the defendant’s motions to exclude the testimony of the class plaintiffs’ liability expert (Urethane Antitrust Litigation)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
In this recent decision, the court applied the well-known Daubert standards governing expert testimony admissibility in denying the defendant’s motions to exclude the testimony of the class plaintiffs’ liability expert. (The Court also denied the defendant’s motion to exclude the opinion of (...)

The US District for the District of Kansas clarifies the appropriate summary judgment standard for horizontal price-fixing of commodity products (Urethane Antitrust Litigation)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
In this opinion, the court clarified the appropriate summary judgment standard to apply to the plaintiffs’ claims of horizontal price-fixing for commodity products, and then ruled on whether the plaintiffs had proffered sufficient evidence to get to trial under that standard. First, the court (...)

The US District Court for the Northern District of California recognizes indirect purchasers’ standing in cases where component products have little independent utility (Flat Panel Antitrust Litigation)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
In re TFT-LCD (Flat Panel) Antitrust Litig., 2012 U.S. Dist. LEXIS 145935 (N.D. Cal. 2012) Even though many states have chosen to part company with federal antitrust laws by permitting antitrust standing for so-called "indirect purchasers" under state law — despite the holding of the Supreme (...)

The Supreme Court of Appeal of South Africa recognises right to class actions in competition cases (Children’s Resource Centre Trust / Pioneer Food)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 10 contributions 2015 visites
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Bowmans (Johannesburg)
Afrique du Sud 4 contributions 602 visites
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Norton Rose Fulbright (Sydney)
Australie 4 contributions 602 visites
In South Africa, the Supreme Court of Appeal has for the first time recognised in principle the availability of class actions to enforce damages claims resulting from practices prohibited under South Africa’s competition act. The judgment represents a fundamental change, because previously (...)

The US District Court for the Eastern District of New York approves class settlement in a price-fixing lawsuit brought against Vitamin C manufacturers (In re Vitamin C Antitrust Litigation)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
In determining whether to finally approve a class settlement reached with one defendant, the court considered the objections of several members of the proposed indirect purchaser settlement class regarding class counsel’s decision to forego a monetary distribution to the class and instead make (...)

The US District Court for the Southern District of New York addresses the question of standing for named class representatives (DDAVP Indirect Purchaser Antitrust Litigation)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
When class actions in recent years have been brought asserting claims on behalf of indirect purchasers under state laws that have repealed Illinois Brick, defendants have frequently argued that named class representatives lack "standing" to assert claims in a class action under the laws of (...)

The US District Court for the Northern District of Georgia applies objective and subjective baselessness (Androgel Antitrust Litigation)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
Especially in pharmaceutical antitrust class actions, many efforts have been made in recent years to rest cases on Professional Real Estate Investors, Inc. v. Columbia Pictures Indus., Inc., 508 U.S. 49 (1993)("PRE"), which requires that for a claim of so-called "sham litigation" to remove (...)

The US District Court for the Eastern District of Pennsylvania certifies a class in a price-fixing conspiracy case against two leading blood reagent producers (Blood Reagents Antitrust Litigation)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
The plaintiffs, who alleged a price-fixing conspiracy between two leading blood reagent producers, moved for class certification. The court began by noting its duty to perform a rigorous analysis and to find by a preponderance of the evidence that each requirement of Rule 23 had been (...)

The US Court of Appeals for the Second Circuit perforates Matsushita standards in reviewing price-fixing conduct by commercial papers manufactures (Publication Paper Antitrust Litigation)
Hausfeld (New York)
États-Unis 1 contribution 162 visites
Seizing upon the "opportunity to clarify the application of the standards established" more than a quarter-century ago in Matsushita Electric Industrial Co. v. Zenith Radio Corp. for determining the existence of a jury question as to collusive behavior, the Second Circuit reversed a summary (...)

The UK Competition Authority welcomes the proposals for reforms in private enforcement of competition law advanced by the Government
Blackstone Chambers (London)
Royaume-Uni 1 contribution 138 visites
OFT welcomes DBIS proposals for reforms in private enforcement of competition law* Many readers will now be familiar with the proposals for the reform of private competition claims launched by the Department for Business Innovation and Skills (‘DBIS’) in April 2012 (‘Private actions in (...)

The US Court of Appeals for the Second Circuit overturnes the district court’s grant of summary judgment holding that the Matsushita standard does not apply in the presence of unambiguous price-fixing evidence (Publication Paper Antitrust Litigation)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
The Second Circuit was asked to determine, among other things, whether there was enough evidence for a jury to find that the alleged agreement among competitors to raise prices actually caused the price increases that subsequently occurred. 690 F.3d at 65-66. While the Court conceded that it (...)

The EU Parliament publishes an independent study voicing support for EU legislation on antitrust damages actions (Lear’s Report)
Court of First Instance of Namur (Namur)
Belgique 224 contributions 47473 visites
An independent report commissioned by the European Parliament (“EP”) and published on 12 June 2012 has expressed strong support for plans for EU-level regulation aimed at encouraging the initiation of damages claims by consumers and small companies who wish to seek redress for harm (...)

The US Court of Appeals for the Third Circuit answers whether a distributor is a direct purchaser (Hypodermic Products Antitrust Litigation)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
In this judgment, the Third Circuit was asked to answer an increasingly common question in antitrust litigation in the medical industry: whether a distributor who purchases a product from a manufacturer, albeit pursuant to prices negotiated by a group purchasing organization at the behest of (...)

The UK Government is consulting on reforms aimed at making it easier to bring private actions for antitrust damages
University of East Anglia
Royaume-Uni 29 contributions 26524 visites
Article published on Centre for Competition Policy blog. An Unpopular Solution to the Private Enforcement Problem* The UK’s Department for Business is currently consulting on a package of reforms aimed at making it easier to bring private actions for damages against firms engaged in (...)

The UK Government launches consultation implementing alternative remedies to reform private actions in competition law
University of East Anglia
Royaume-Uni 14 contributions 26586 visites
Article published on Centre for Competition Policy blog. Breaking the deadlock? Private antitrust enforcement in the UK* Private antitrust enforcement in the UK has never got off the ground, even after the Competition Act of 1998 introduced enforceable antitrust provisions. Plaintiffs (...)

The US District Court for the Northern District of California denies motion to dismiss conspiracy claims with bilateral agreements (In re High-Tech Employee Antitrust Litigation)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
In a high-technology case, employees of various high-tech companies sued their employers for conspiring to restrict their salaries. 856 F. Supp. 2d at 1108. Many of the plaintiffs’ allegations mirrored those from earlier complaints that the Department of Justice filed against the same firms, (...)

The US District Court for the District of New Jersey dismisses class action claims for price fixing brought by indirect purchasers against several magnesium oxide companies (Magnesium Oxide)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
In this horizontal price-fixing conspiracy case, the defendants argued that the plaintiffs’ complaint failed to adequately plead fraudulent concealment so as to toll the statute of limitations. In particular, the plaintiffs purportedly failed to plead (1) that the conspiracy was (...)

The Dutch Court of Appeal holds that global class action settlements can go through national courts (Converium)
Court of First Instance of Namur (Namur)
Belgique 224 contributions 47473 visites
An interesting judgment of the Court of Appeal (Gerechtshof) of Amsterdam of 17 January 2012 shows that Dutch courts have jurisdiction to deal with international mass claim settlements. In its decision, the Court made binding a settlement agreement reached in the Converium case. This (...)

The US Court of Appeals for the Seventh Circuit clarifies the standards trial courts should use in evaluating expert testimony submitted in connection with class certification (Mesner / Northshore Univ. Health)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
In this opinion overturning the district court’s denial of class certification, the Seventh Circuit clarified the standards trial courts should use in evaluating expert testimony submitted in connection with class certification. The plaintiffs filed a motion seeking to exclude the (...)

The US Court of Appeals for the Seventh Circuit clarifies the expert testimony standards in connection with class certification (Mesner / Northshore Univ. Health)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
In this opinion, addressed above with respect to the class certification element of predominance, the Seventh Circuit also clarified the standards trial courts should use in evaluating expert testimony submitted in connection with class certification. The plaintiffs filed a motion seeking to (...)

The US District Court for the District of Idaho issues an advisory opinion denying motion to dismiss antitrust conspiracy claims against potato grower cooperatives in US several states (In re Fresh and Process Potatoes Antitrust Litigation)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
In this case the plaintiffs alleged that the defendants conspired to reduce the supply of potatoes. 834 F. Supp. 2d at 1148. The conspiracy allegedly began when potato growers formed a cooperative to increase the price of potatoes by agreeing to limit potato planting acreages and by paying (...)

The US District Court for the Eastern District of New York issues a decision on the assignment of class action claims (In re Vitamin C)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
In opposing the plaintiffs’ class certification motion, the defendants chose to attack the plaintiff’s adequacy as a class representative, as opposed to the usual broad-scale challenge to predominance. The defendants argued that the plaintiff was an inadequate class representative primarily (...)

The US Supreme Court denies a petition for certiorari brought by a drug manufacturer with respect to federal jurisdiction over antitrust class action claims (In re Lorazepam & Clorazepate Antitrust Litigation)
Wolters Kluwer (Riverwoods)
États-Unis 78 contributions 39175 visites
Antitrust Decision from Supreme Court Unlikely During Current Term* It is beginning to look like the U.S. Supreme Court will not be taking up any antitrust cases in the current term. Last week, the Court denied six petitions for review in antitrust-related matters. Just yesterday, the Court (...)

The US Supreme Court holds that a claim for monetary relief shall not be certified under Federal Class Actions Rule, if it is not secondary to obtaining an injunction or declaration (Wal-Mart Stores / Dukes)
Sheppard Mullin (Los Angeles)
États-Unis 13 contributions 2239 visites
Wal-Mart v. Dukes: Implications For Antitrust Class Actions* On June 20, 2011, the United States Supreme Court decided Wal-Mart Stores, Inc. v. Dukes, No. 10-277, holding that 1.5 million female Wal-Mart employees around the nation could not bring discrimination claims under Title VII of the (...)

The US Supreme Court reverses class action certification raising hurdles for antitrust collective redress cases (Wal-Mart Stores / Dukes)
Moses & Singer LLP (New York)
6 contributions 1987 visites
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Skadden, Arps, Slate, Meagher & Flom (New York)
États-Unis 1 contribution 366 visites
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Skadden, Arps, Slate, Meagher & Flom (Washington)
États-Unis 11 contributions 3739 visites
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This article has been nominated for the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On June 20, 2011, in Wal-Mart Stores, Inc. v. Dukes, the United States Supreme Court handed down its decision holding that discrimination claims on behalf of (...)

The US Supreme Court holds that consumer arbitration clause containing a class action waiver is enforceable (AT&T Mobility / Concepcion)
White & Case (Miami)
États-Unis 1 contribution 795 visites
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1 contribution 795 visites
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White & Case (Washington)
États-Unis 9 contributions 3696 visites
On April 27, 2011, the US Supreme Court issued the long-awaited opinion in AT&T Mobility, LLC v. Concepcion. (No. 09-893, 563 US ____, slip op. (April 27, 2011)) Justice Scalia’s majority opinion, joined by Chief Justice Roberts and Justices Kennedy, Thomas, and Alito, held that because (...)

The US Supreme Court overturns a Court of Appeals decision in the mobile sector holding that federal law preempts State law banning class action waiver in arbitration agreements (AT&T Mobility / Concepcion)
Wolters Kluwer (Riverwoods)
États-Unis 78 contributions 39175 visites
Customers’ Efforts to Use Arbitration to Challenge AT&T/T-Mobile Merger Fail* Federal district courts around the country have blocked AT&T Mobility LLC customers from pursuing arbitration to challenge the merger of AT&T Mobility and T-Mobile USA Inc.—a transaction valued at (...)

The US Court of Appeals for the Second Circuit holds that a class action waiver provision contained in commercial contracts between merchants and card issuer and service provider is unenforceable (American Express)
Wolters Kluwer (Riverwoods)
États-Unis 78 contributions 39175 visites
Enforceability of Class-Arbitration Bans Still an Open Question* Including an arbitration agreement in a commercial or consumer contract that requires your customer to pursue only individual claims in the arbitral forum will not necessarily protect you from class-wide arbitration. You will (...)

The US Court of Appeals for the Third Circuit approves a classwide settlement against a diamond distributor in abuse of dominance lawsuit (Sullivan / DB Investments)
Cohen Milstein (New York)
États-Unis 57 contributions 7578 visites
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Burns Charest (Washington)
États-Unis 57 contributions 7578 visites
This case involved indirect purchaser claims under various state antitrust laws, arising from allegedly monopolistic conduct by DeBeers that was alleged to have increased diamond prices worldwide. Objections were raised to the settlement, principally on the basis that diversity of available (...)

The US District Court for the Southern District of Ohio dismisses indirect purchasers’ class action challenging proposed reverse payment agreements as anticompetitive on an allegation of preventing a cheaper generic medicine to enter the market sooner (Plavix)
Sheppard Mullin (San Francisco)
États-Unis 4 contributions 1126 visites
Indirect Purchaser Plavix Class Actions Tossed for Lack of Antitrust Standing* On January 31, 2011, the District Court for Southern District of Ohio granted defendants’ Rule 12(b)(6) motion, dismissing indirect purchaser class actions that challenged proposed reverse payment agreements as (...)

The England & Wales Court of Appeal delivers a ruling which rejects the representative element of private damages action (Emerald Supplies / British Airways)
Osborne Clarke (London)
Royaume-Uni 28 contributions 804 visites
Brief summary of facts The named claimants (Emerald) are cut flower importers who use BA’s air freight services. They initially claimed that BA had been party to agreements or concerted practices in breach of the Chapter I prohibition, Article 101 (1) TFEU and Article 53 of the EEA Agreement (...)

The England & Wales Court of Appeal rejects attempted ’opt-out’ class action (Emerald Supplies / British Airways)
Herbert Smith Freehills (London)
Royaume-Uni 17 contributions 5723 visites
The English Court of Appeal has rejected a creative attempt to use existing English civil procedure rules to craft an ‘opt-out’ style class-action. The matter concerned an action for damages arising from the international air freight cartel, in which the European Commission has recently fined (...)

The England & Wales Court of Appeal rules that English court procedures do not allow representative actions on behalf of a class of direct and indirect purchasers of the air-freight cartel (Emerald Supplies / British Airways)
Volvo (Brussels)
Belgique 1 contribution 730 visites
On 18 November 2010, the English Court of Appeal ruled in favour of BritishAirways Plc. in an appeal brought by Emerald Supplies Ltd. and Southern Glass House Produce Ltd. The appeal was launched against a High Court (Chancery Division) decision to strike out the representative element of an (...)

The England & Wales Court of Appeal rejects representative element of private damages action (Emerald Supplies / British Airways)
DLA Piper (London)
Royaume-Uni 25 contributions 18462 visites
The Court of Appeal in England issued a judgment denying the appellants the ability to bring a representative action on behalf of a further 178 or more possible claimants seeking to obtain damages against British Airways plc (BA) for its alleged involvement in the air cargo cartel. The first (...)

The US Supreme Court shows in its recent antitrust decisions a concern about the burdens of US litigation process (Stolt-Nielsen / AnimalFeeds)
Gibson Dunn (New York)
États-Unis 20 contributions 11513 visites
U.S. Antitrust Decisions Frequently Driven by Concerns With Burdens of U.S. Litigation Process* Many of the most important U.S. judicial decisions in antitrust have been driven by judicial concern with aspects of the U.S. litigation process that are perceived by some to impose excessive (...)

The US District Court for the Eastern District of New York reinforces the fact that the Twombly “facial plausibility” standard serves as strong basis for dismissal in a price-fixing class action (LaFlamme / Société Air France)
Skadden, Arps, Slate, Meagher & Flom (Washington)
États-Unis 11 contributions 3739 visites
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Skadden, Arps, Slate, Meagher & Flom (Washington)
États-Unis 4 contributions 911 visites
On April 5, 2010, Judge Kiyo A. Matsumoto of the U.S. District Court for the Eastern District of New York issued a Memorandum and Order dismissing the plaintiffs’ putative antitrust class-action complaint against KLM Royal Dutch Airlines and others for failing to state a claim. The plaintiffs (...)

The US District Court for the Eastern District of Pennsylvania holds that reverse payments cases will proceed to discovery in a patent litigation in the pharmaceutical sector (Cephalon)
Covington & Burling (Washington)
États-Unis 20 contributions 12228 visites
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Covington & Burling (Washington)
États-Unis 15 contributions 2248 visites
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Rule Garza Howley (Washington)
États-Unis 9 contributions 2369 visites
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In the latest development in the Federal Trade Commission’s efforts to challenge Hatch-Waxman patent litigation settlements, earlier this week a federal district court in Pennsylvania denied in part defendants’ motions to dismiss antitrust complaints challenging a series of such settlements. (...)