Private enforcement

Foreword Private enforcement: An overview of EU and national case law

The private enforcement of the competition rules in the European Union is characterised essentially by a very low number of cases and little attention from stakeholders, while the public enforcement of these rules is still considered as prevailing over the actions for damages. It took the Court of Justice of the European Union several years and a couple seminal decisions to bring the right to recovery of damages produced by infringements of the competition rules, albeit a banal right, an official status and deserved attention. The European Union Member States lack, to a large extent, the legal culture of the United States of America, where the actions for recovery of damages are commonplace and result in payment of significant damages by those infringing the competition rules, which is in part due to the existence of the treble (triple) damages, not presented in any of the EU Members States.

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European University Institute (Florence)
Italy 11 contributions 5275 visits

General antitrust

 The Indian Competition Authority opens consultation on the draft regulation governing commitment mechanism
Indian Competition Commission (New Delhi)
India 15 contributions 1480 visits
DRAFT CCI (COMMITMENT) REGULATIONS, 2023* The Competition Act, 2002 (Act) aims to prevent practices having adverse effect on competition, to promote and sustain competition in markets, to protect the interests of consumers and to ensure freedom of trade carried on by other participants in (...)

The German Government passes a new amendment of the Competition Law which substantially expands the Competition Authority’s enforcement powers
White & Case (Düsseldorf)
Germany 37 contributions 15185 visits
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White & Case (Düsseldorf)
Germany 3 contributions 2549 visits
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White & Case (Düsseldorf)
Germany 1 contribution 93 visits
On July 6, 2023, the German Parliament passed the 11th amendment to the German Act Against Restrictions of Competition ("ARC"), substantially expanding the Federal Cartel Office’s ("FCO") enforcement powers. The reform targets three main areas: Gives the FCO the power to impose behavioral or (...)

The German Government passes a new amendment on the German Competition Law which grants new powers to the German Competition Authority
Herbert Smith Freehills (Düsseldorf)
Allemagne 23 contributions 6011 visites
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Herbert Smith Freehills (Düsseldorf)
Allemagne 17 contributions 4603 visites
The German Parliament has passed the 11th reform of the German Act against restraints of competition (ARC). The reform will take effect soon and has three major components: The Federal Cartel Office (FCO) is granted the power to implement behavioural or structural measures if a market (...)

The Australian Federal Court confirms that the Government is not entitled to compensation for the delayed entry of generic clopidogrel into the Australian market (Sanofi / Apotex)
Ashurst (Melbourne)
Australia 1 contribution 72 visits
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Ashurst (Melbourne)
Australia 1 contribution 72 visits
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Ashurst (Melbourne)
Australia 1 contribution 72 visits
What you need to know The Commonwealth has failed in its appeal against a first instance decision which rejected the Commonwealth’s application for compensation from two originator pharmaceutical companies, Sanofi and Bristol-Myers Squibb (BMS). The Commonwealth was seeking compensation for (...)

The US State of New York Assembly adopts a bill to prohibit non-compete agreements
Shearman & Sterling (New York)
United States 1 contribution 75 visits
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Shearman & Sterling (New York)
United States 1 contribution 75 visits
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Shearman & Sterling (New York)
United States 1 contribution 75 visits
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On June 20, 2023, the New York State Assembly passed A1278B, which amends the state’s labor law to prohibit non-compete agreements (the “Bill”). The Assembly’s passage of the Bill, which comes on the heels of the New York State Senate’s June 7 passage of the Bill’s counterpart, is now headed (...)

The Spanish Court of Valencia applies the EU Court of Justice’s ruling on judicial damages estimation in a trucks cartel case (Tráficos Manuel Ferrer)
Allegro Consulting (Brussels)
Belgium 3 contributions 796 visits
Shortly after the publication of the Tráficos Manuel Ferrer judgment by the Court of Justice of the European Union (CJEU) in response to a request for a preliminary ruling (16 February 2023), the judge from the Valencia court who had referred the questions to the CJEU delivered his judgment in (...)

The Cambodian Parliament enacts its first law on competition
DFDL (Phnom Penh)
Cambodia 5 contributions 2922 visits
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DFDL (Phnom Penh)
Cambodia 1 contribution 216 visits
On 5 October 2021, the Law on Competition (No.NS/RKM/1021/013) (“Competition Law”) received royal assent on the basis that it should be promulgated urgently. This article will outline the regulatory regime created by the Competition Law, although many details are not yet clear pending (...)

The UK Competition Authority publishes a new Green Claims Code and announces that it will start carrying out a full review of misleading sustainability and environmental claims
White & Case (London)
United Kingdom 27 contributions 13740 visits
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White & Case (Brussels)
Belgium 21 contributions 24755 visits
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White & Case (Brussels)
Belgium 35 contributions 13478 visits
UK clampdown on greenwashing As the importance of sustainability and eco-friendliness grows among consumers worldwide, the UK Competition and Markets Authority (CMA) has concerns that an increasing number of businesses misleadingly market their products and services as environmentally (...)

The UK Government publishes consultations on far-reaching reforms to competition and consumer laws which would substantially expand the powers of the Competition Authority and reduce procedural protections
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 61 contributions 27490 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 69 contributions 33035 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgique 79 contributions 60315 visites
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The U.K. government is consulting on far-reaching reforms to U.K. competition and consumer laws, which would substantially expand the powers of the Competition and Markets Authority (CMA) and reduce procedural protections. Key proposals include: Merger control jurisdiction enlarged: The CMA (...)

The Russian Supreme Court adopts a decree providing clarifications on antitrust matters that arise in court proceedings
Herbert Smith Freehills (Moscow)
Russia 1 contribution 242 visits
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Herbert Smith Freehills (Moscow)
Russia 1 contribution 242 visits
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Mayer Brown (London)
United Kingdom 44 contributions 18128 visits
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In March, the Russian Supreme Court adopted a Decree providing clarifications on antitrust matters (the "Plenum Decree") . The Plenum Decree replaced most of the previous antitrust clarifications issued by the Supreme Commercial Court back in 2008. The new measure is comprehensive and covers (...)

The German Parliament passes the 10th amendment of the German Act against Restraints of Competition
Van Bael & Bellis (Brussels)
Belgium 24 contributions 5008 visits
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Van Bael & Bellis (Brussels)
Belgique 31 contributions 4232 visites
On 19 January 2021, the 10th Amendment of the German Act against Restraints of Competition (“ARC”) entered into force. The 10th Amendment, also referred to as the “Digitalisation Act”, introduces significant changes to German Competition Law. A previous issue of this newsletter (VBB on (...)

The EU Commission publishes a report on the implementation of the 2014/104/EU Damages Directive
Hausfeld (London)
United Kingdom 20 contributions 5342 visits
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Hausfeld (London)
United Kingdom 4 contributions 2025 visits
Almost exactly four years after the implementation deadline, the European Commission (the “EC”) has published a short report on 14 December 2020 on the implementation of its Directive 2014/104 (the “Damages Directive”) across the European Union (the “EU”). The primary aim of the Damages (...)

The EU Commission publishes a report on the damages directive
University of Vienna
Austria 5 contributions 990 visits
The Damages Directive 6 years later: the Commission published a report on the 2014 Damages Directive* Ever since the 2001 Courage judgment, private actions for damages are on the rise. The Commission wanted to quickly follow with a legislative act including minimum standards for private (...)

The EU Commission publishes a report on the implementation of the Damages Directive finding insufficient application in practice
Bird & Bird (Brussels)
Belgium 42 contributions 12456 visits
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Allen & Overy (Brussels)
Belgium 28 contributions 3350 visits
On 14 December 2020, the European Commission published a report on the implementation of Directive 2014/104/EU of the European Parliament and of the Council (“the Damages Directive”). Overall, the Commission is positive about the implementation of the Directive in the Member States, but the (...)

The US State of New York Senate proposes legislation to modernize its antitrust law and expand the State’s and private litigants’ ability to litigate against companies for anti-competitive conduct
Constantine Cannon (New York)
United States 3 contributions 2144 visits
New York Could Lead the Nation Into 21st Century Antitrust Enforcement* New York is on the verge of revamping state antitrust enforcement to tackle competition issues of the 21st Century. On September 14, 2020, the Consumer Protection Committee of the New York State Senate held a virtual (...)

The German Government submits a draft of the digitalisation act amending national competition law
Van Bael & Bellis (Brussels)
Belgium 24 contributions 5008 visits
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Van Bael & Bellis (Brussels)
Belgique 31 contributions 4232 visites
On 9 September 2020, the German Government tabled the draft 10th amendment of the German Act against Restraints of Competition (“ARC”), also referred to as the ARC Digitalisation Act. The draft amendment entails significant changes in the areas of abuse of dominance, merger control, cartel (...)

The German Government publishes draft for new competition rules including a provision specifically aimed at powerful digital gatekeepers
Heinz & Zagrosek (Köln)
Germany 23 contributions 13172 visits
Draft German competition rules on powerful digital gatekeepers* The government’s draft for new competition rules, including on (digital) platforms, published in September 2020 (see here) includes a provision specifically aimed at powerful digital gatekeepers, draft Section 19a ARC. The (...)

The EU Commission issues a communication setting out specific best practices and recommendations for national courts to protect confidential information in private litigation proceedings
Portolano Cavallo (Milan)
Italie 63 contributions 10268 visites
The protection of confidential information is an issue of increasing importance in today’s business relationships, as well as in cases of litigation before the courts. Indeed, the issue not only arises in connection with modern business contracts, where the parties may exchange in real time (...)

The Italian Government adopts a collective action reform aimed at making collective action proceedings available beyond consumer law
University of Trento (Trento)
Italy 1 contribution 265 visits
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University of Turin (Turin)
Italy 7 contributions 8549 visits
Introduction The new Italian collective action regime was adopted by law 12 April 2019, no. 31, but – after a further postponement occurred at the end of 2019 – it is now set to come into force on 19 November 2020. In particular, the remedy will only be available for claims filed after such (...)

The German Federal Ministry for Economic Affairs and Energy issues an update on the reform of national competition law
Court of First Instance of Namur (Namur)
Belgique 224 contributions 47334 visites
On 24 January 2020, the German Federal Ministry for Economic Affairs and Energy published an update of its draft 10th amendment to the Act against Restraints of Competition (the “ARC”), officially called the “ARC Digitization Act”. Compared to the initial draft (see VBB on Competition Law, (...)

The German Federal Ministry of Economic Affairs and Energy publishes a draft bill that partly serves to implement the ECN + directive
Bird & Bird (Dusseldorf)
Germany 21 contributions 2608 visits
On 7 October 2019, the German Federal Ministry for Economic Affairs and Energy published the draft bill of the so-called digitization law which partly serves to implement the “ECN Plus” Directive into German law. According to the new Sec. 19a ARC the German Federal Cartel Office ("FCO") may (...)

The US State of California becomes the first State to enact legislation rendering certain pharmaceutical patent litigation settlement agreements presumptively anticompetitive
White & Case (Washington)
États-Unis 50 contributions 28309 visites
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Allen & Overy (Washington)
United States 17 contributions 13759 visits
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White & Case (New York)
United States 12 contributions 6034 visits
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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 October 7, 2019, California became the first state to enact legislation— Assembly Bill 824 (“AB 824”)—rendering certain pharmaceutical patent litigation (...)

The Japanese Court in Sapporo District dismisses a rice wholesaler’s damage claim for the charge of sales promotion cooperative money and transportation expenses against a convenience store on the grounds that those are not unfair (Taro Kono / Haruo Otsuyama and others)
Baker McKenzie (Tokyo)
Japan 39 contributions 3689 visits
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36 contributions 1049 visits
Brief summary of facts On 16 March 2016, the Japanese Competition Authority (JFTC) found that the defendant, a convenience store, had violated the prohibition on the return of goods under the Subcontracting Act for the return of goods. The store had returned the products without any reason (...)

The Portuguese Parliament transposes Directive 2014/104/EU by adopting a new legal framework on the right to compensation for damages from infringements of competition law
Vieira de Almeida (Lisbon)
Portugal 9 contributions 811 visits
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DLA Piper (Lisbon)
Portugal 20 contributions 28602 visits
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Vieira de Almeida (Lisbon)
Portugal 7 contributions 664 visits
Act 23/2018, establishing the legal framework on the right to compensation for damages from infringements of competition law, was published on 5 June 2018. This legislative act transposes into Portuguese law the Directive 2014/104/EU of the European Parliament and of the Council, of 26 (...)

Private enforcement: an overview of the leading cases and opinions
Hausfeld (Washington)
United States 8 contributions 9366 visits
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Hausfeld (Berlin)
Germany 11 contributions 3108 visits
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Ashurst (London)
United Kingdom 8 contributions 3337 visits
Private enforcement in Europe may have taken off later than in the US, but is also flourishing. In particular, 2017 saw the implementation across much of the European Union of the “Damages Directive”, which aims to standardize both substantive and procedural provisions relating to competition (...)

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 665 visits
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Duane Morris (Philadelphia)
United States 2 contributions 748 visits
Eleventh Circuit Affirms Blue Cross Blue Shield Insurers’ $2.67 Billion Class Action Settlement* Takeaways On October 25, 2023, in the litigation of In Re Blue Cross Blue Shield Antitrust Litigation, MDL No. 2406 (11th Cir. Oct. 25, 2023), a three-judge panel of the U.S. Court of Appeals (...)

The EU Commission fines a defence company €1.2M for participating in a cartel concerning the sale of military hand grenades (Diehl / RUAG)
European Commission - DG COMP (Brussels)
Belgique 1361 contributions 2920824 visites
Antitrust: Commission fines defence company €1.2 million in cartel settlement* The European Commission has fined defence company Diehl €1.2 million for participating in a cartel concerning the sale of military hand grenades together with its rival RUAG. Both companies admitted their (...)

The UK Competition Authority issues an infringement decision finding that a football club and a sports equipment retailer colluded to restrict competition in the sales of sports-branded clothing and replica kit (Leicester City FC / JD Sports)
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 27 contributions 8812 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 13 contributions 3479 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 1 contribution 189 visits
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CMA Fines Leicester City FC for Anticompetitive Pricing Practices* On 31 July 2023, the Competition and Markets Authority (CMA) issued an infringement decision finding that Leicester City Football Club and JD Sports had colluded to restrict competition in the sales of Leicester City-branded (...)

The UK Supreme Court rules that many litigation funding agreements are unlawful and unenforceable in relation to a collective damages claim against a cartel of truck manufacturers (Trucks Cartel)
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 2 contributions 2305 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 13 contributions 3479 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 3 contributions 472 visits
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Supreme Court Rules Most Litigation Funding Agreements are Unlawful* Over the past two decades, litigation funding in the UK has become increasingly important and more commonly used. Once deemed contrary to public policy and unlawful, litigation funding is now regarded as playing a (...)

The UK Supreme Court rules that many litigation funding agreements are unenforceable (Trucks Cartel)
White & Case (London)
United Kingdom 14 contributions 34988 visits
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White & Case (London)
United Kingdom 27 contributions 13740 visits
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White & Case (London)
United Kingdom 2 contributions 331 visits
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In a heavy blow to the litigation funding industry, the UK Supreme Court has held that many litigation funding agreements are damages-based agreements and must comply with the relevant regulatory regime. Funders will be urgently reviewing their funding agreements amid widespread concern that (...)

The UK Supreme Court rules that litigation funding agreements are damage-based agreements and are likely unenforceable (Trucks Cartel)
Shearman & Sterling (London)
United Kingdom 6 contributions 1270 visits
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Shearman & Sterling (London)
United Kingdom 30 contributions 14278 visits
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Shearman & Sterling (London)
United Kingdom 23 contributions 14262 visits
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In a decision of major importance for litigation in the UK, the UK Supreme Court has held that litigation funding agreements (“LFAs”) under which a litigation funder receives a percentage of any damages recovered by the claimant are damages-based agreements (“DBAs”) for the purposes of s58AA (...)

The UK Supreme Court delivers a landmark decision to clarify the legal status of litigation funding agreements (Trucks Cartel)
University of East Anglia
United Kingdom 14 contributions 26579 visits
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Maitland Walker (London)
United Kingdom 1 contribution 88 visits
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Maitland Walker (Minehead)
1 contribution 88 visits
Competition litigation funding doesn’t grow on trees – unintended consequences of the UKSC’s PACCAR decision* The recent Supreme Court decision in PACCAR has put litigation funding in competition opt-out actions high on the agenda. In this blog post we critically analyse an obiter (...)

The German Regional Court of Dortmund seeks clarity from the EU Court of Justice regarding the enforcement of cartel damage claims through the assignment model (ASG)
CDC Cartel Damage Claims (Brussels)
Belgium 2 contributions 116 visits
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CDC Cartel Damage Claims (Kaiserslautern)
Germany 2 contributions 116 visits
Effective enforcement of cartel damage claims through the assignment model: The preliminary ruling procedure before the CJEU in Case C-253/23 (ASG) – A Comment* The Regional Court of Dortmund has asked the Court of Justice of the European Union (CJEU) for a preliminary ruling on the access (...)

The US FTC files an amicus brief arguing that a defendant against abusive exclusive dealing and bundling charges in a private enforcement case has misstated the legal standards of the behaviours (Medtronic / Applied Medical)
US Federal Trade Commission (FTC) (Washington)
United States 179 contributions 42842 visits
FTC Files Amicus Brief to Clarify Antitrust Standards Involving Exclusive-Dealing and Bundling Arrangements* The Federal Trade Commission filed a friend-of-the-court (amicus) brief in the U.S. District Court for the Central District of California, clarifying legal standards that apply in (...)

The Spanish Supreme Court delivers its first rulings on 15 private enforcement claims against the trucks cartel (Trucks Cartel)
IE Business School (Madrid)
Spain 3 contributions 351 visits
The Spanish Supreme Court Sentences the Trucks Cartel*Introduction Three weeks ago, the Spanish Supreme Court delivered its first rulings on damages claims in the trucks cartel. Given that Spanish courts have been the most active in the EU on this case (see the stream of judgments issued by (...)

The French Supreme Court provides guidance on the calculation of interests on damages resulting from a cartel, as well as on cartel participants’ contribution to compensation for such damages (Groupe Lactalis / Lactalis Nestlé / Lactalis beurres & crèmes)
Van Bael & Bellis (Brussels)
Belgium 2 contributions 181 visits
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Van Bael & Bellis (Brussels)
Belgium 3 contributions 266 visits
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Van Bael & Bellis (Brussels)
Belgium 43 contributions 12002 visits
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On 7 June 2023, the French Supreme Court issued a judgment providing guidance on the calculation of interests on damages resulting from a cartel, as well as on cartel participants’ contribution to compensation for such damages. On 11 March 2015, the French Competition Authority (“FCA”) fined (...)

The US DoJ files a proposed amended complaint and consent decree with a fourth poultry producer to address the long-running conspiracy to suppress workers’ wages (George’s Food)
US Department of Justice (Washington)
États-Unis 180 contributions 79219 visites
Justice Department Files Proposed Amended Complaint and Consent Decree with Fourth Poultry Processor, Further Addressing Long-Running Conspiracy to Suppress Workers’ Compensation* Decree Prohibits the Exchange of Compensation Information, Requires Processor to Pay Restitution, and Subjects (...)

The Italian Court of Milan delivers a ruling in a private enforcement claim which extends the period of single and continuous infringement established by the EU Commission in Italy
Van Bael & Bellis (Brussels)
Belgium 3 contributions 320 visits
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Van Bael & Bellis (Brussels)
Belgium 31 contributions 5857 visits
On 15 May 2023, the Court of Milan delivered a judgment awarding damages in the context of a private enforcement action. The case constitutes a rare combination of a follow-on action based on a decision of the European Commission (“Commission”) of 2010 establishing a pan-European cartel in the (...)

The EU Court of Justice confirms that the findings of national competition authorities have a binding effect on follow-on actions for damages and declarations of nullity (Repsol)
Van Bael & Bellis (Brussels)
Belgium 11 contributions 2486 visits
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Van Bael & Bellis (Brussels)
Belgium 34 contributions 8117 visits
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Van Bael & Bellis (Brussels)
Belgium 14 contributions 1591 visits
On 20 April 2023, the Court of Justice of the European Union (“ECJ”) handed down a preliminary ruling concerning the effect of national competition authorities’ (“NCAs”) final infringement decisions on follow-on actions for damages and for declarations of nullity, where the actions in question (...)

The EU Court of Justice clarifies the binding effect of national competition authorities’ findings and the burden of proof in private damages claims (Repsol)
Linklaters (Brussels)
Belgium 3 contributions 1177 visits
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Linklaters (Brussels)
Belgium 1 contribution 649 visits
Private enforcement actions practice have been on the rise these last years. With increasing jurisprudence on the subject, successful cartel detection tools, and a stronger practical knowledge in this regard through key judgments, plaintiffs seek damages from anti-competitive behaviours in (...)

The EU Court of Justice confirms that the date of publication of the Commission’s decision in the EU Official Journal is an appropriate starting date for the limitation period applicable to private damages claims (QJ / IP / Deutsche Bank)
Van Bael & Bellis (Brussels)
Belgium 34 contributions 8117 visits
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Van Bael & Bellis (Brussels)
Belgium 14 contributions 1591 visits
On 6 March 2023, the European Court of Justice (“ECJ”) issued an order in Joined Cases C-198/22 and C-199/22 (QJ and IP v Deutsche Bank AG), upholding a national rule under which the limitation period for professionals and consumers alike to bring a private damages action starts to run as of (...)

The UK Competition Appeal Tribunal endorses the award of compound interest in a damages claim against the truck cartel as opposed to simple interest to reflect the “real world” and the economic and commercial reality of businesses (Royal Mail / DAF Trucks)
Hausfeld (London)
United Kingdom 4 contributions 1139 visits
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Hausfeld (London)
United Kingdom 3 contributions 594 visits
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Hausfeld (London)
United States 3 contributions 723 visits
How much is £1 from 1997 worth now? Such a question may appear very simple at the outset. However, ask it twice and you will probably obtain two different answers. Applied in the context of a damages claim in a lawsuit, a number of parameters need to be considered to properly address this (...)

The UK Competition Appeal Tribunal delivers a landmark ruling to confirm the applicability of compound interest in the calculation of damages, following a private claim against a truck cartel (Royal Mail / DAF Trucks)
Blackstone Chambers (London)
United Kingdom 23 contributions 5909 visits
The Competition Appeal Tribunal’s recent decision in the trucks cartel claim raises some serious questions about expert economic evidence. In this post I want to flesh out some of the challenges and then float some suggestions for improvements. The context Many readers will know the basic (...)

The German Court of Appeal Frankfurt dismisses an action to declare the existence of contribution claims against other cartel members (X Cartel)
Rewe (Cologne)
2 contributions 49 visits
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Cleary Gottlieb Steen & Hamilton (Cologne)
Germany 2 contributions 49 visits
Declaratory Action To Suspend Limitation Periods of Cartelists’ Contribution Claims Dismissed* On December 6, 2022, the Frankfurt am Main Court of Appeal dismissed an action to declare the existence of contribution claims against other cartel members. The action was filed in an attempt to (...)

The US District Court for the Eastern District of California set to adjudicate a class action suit filed by a group of volunteer college baseball coaches against a national athletic association for alleged antitrust violations (Smart / NCAA)
Duane Morris (Philadelphia)
United States 2 contributions 748 visits
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Duane Morris (Philadelphia)
United States 1 contribution 83 visits
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Duane Morris (Philadelphia)
United States 1 contribution 83 visits
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On November 29, 2022, a group of volunteer college baseball coaches filed a proposed class action against the NCAA for alleged antitrust violations in the Eastern District of California. The plaintiffs in the case, captioned Smart, et al., v. NCAA, claim that by limiting the number of paid (...)

The German Federal Court of Justice confirms that a factual presumption of harm exists in cases of anticompetitive information exchanges (Schlecker)
CDC Cartel Damage Claims (Brussels)
United States 5 contributions 3449 visits
On 5 January 2023, the German Federal Court of Justice (Bundesgerichtshof, BGH) published an important judgment in relation to follow-on damage actions relating to the so-called German drugstore products cartel (Case KZR 42/20). In its ruling, Germany’s highest civil court also confirmed a (...)

The Germany Federal Court of Justice rules that an exchange of secret information between competitors about pricing strategies for a common customer gives rise to a factual presumption of harm (Schlecker)
Fieldfisher (Düsseldorf)
Germany 2 contributions 125 visits
Introduction In the Schlecker case, (BGH, decision of 29 November 2022, KZR 42/20, Schlecker. The BGH’s press release can be found here.) the Federal Court of Justice (BGH) dealt with claims by a drugstore chain against manufacturers for damages on the grounds of excessive prices. In (...)

The German Federal Court of Justice extends the factual presumption of damages to anticompetitive information exchange to give a further boost to victims’ claims against cartels (KWR working group)
Blomstein (Berlin)
Germany 3 contributions 215 visits
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1 contribution 75 visits
Dirty laundry in the “KWR” working group A total of 15 manufacturers of branded drugstore products were involved in the so-called drugstore products cartel. From at least 2004 to 2006, they regularly informed each other about (planned) gross price increases and the status of negotiations (...)

The German Federal Court of Justice roundly rejects claims that cartel behaviour was ’harm-free’, which would have allowed the cartelists to avoid a presumption of injury, and declares the behaviour constituted a hardcore infringement (Schlecker)
Hausfeld (Berlin)
Germany 11 contributions 3108 visits
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Hausfeld (Berlin)
Germany 2 contributions 175 visits
In several jurisdictions, claimants’ burden of proof for the existence of injury is a major hurdle to traditional cartel damage claims. To avoid a presumption of injury under the settled case law of the German Federal Court of Justice (Bundesgerichtshof, (“BGH”) for hard-core cartels, (...)

The US DoJ secures a fine exceeding $1M and restitution payments of more than $300K in a long-running insulation bid rigging cartel case (Axion Specialty Contracting)
US Department of Justice (Washington)
États-Unis 180 contributions 79219 visites
Insulation Contracting Firm Sentenced for Rigging Bids* Third Defendant Sentenced in Investigation in the Insulation Contracting Industry Axion Specialty Contracting LLC (Axion) was sentenced to pay a $1,001,989 criminal fine and $313,121 in restitution on Nov. 4 in Bridgeport, (...)

The US DoJ achieves a guilty plea from a healthcare company that conspired to suppress wages for school nurses (VDA OC)
US Department of Justice (Washington)
États-Unis 180 contributions 79219 visites
Health Care Company Pleads Guilty and is Sentenced for Conspiring to Suppress Wages of School Nurses* Company Admits to Criminal Allocation and Wage-Fixing Conspiracy Targeting Nurses Serving a Nevada School District VDA OC LLC (VDA), a health care staffing company, pleaded guilty and was (...)

The US DoJ secures a criminal guilty plea from a healthcare company for conspiring to suppress the wages of school nurses (VDA OC)
White & Case (Washington)
United States 11 contributions 1779 visits
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White & Case (Washington)
États-Unis 50 contributions 28309 visites
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White & Case (Washington)
États-Unis 34 contributions 19653 visites
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US and Latin American antitrust authorities are also focusing on competition in labor markets, particularly when employers allegedly restrict worker mobility or limit wages and other employment benefits. In the US, the Antitrust Division obtained early victories before the US District Court (...)

The US Southern District Court, Southern District of New York grants a "motion to dismiss" filed by a professional baseball organisation on the basis of its historic antitrust immunity (Major League Baseball)
BakerHostetler (Philadelphia)
United States 1 contribution 64 visits
Yer Out (For Now): MLB Dismissed from Antitrust Lawsuit Because of Historic Antitrust Exemption* In a decision that stunned no one (yet will garner plenty of headlines), a federal district court granted a motion to dismiss filed by Major League Baseball (MLB) on the basis of its storied (...)

The EU Commission updates its Guidance on the practice and policy of obtaining leniency in cartel cases
Mayer Brown (London)
United Kingdom 44 contributions 18128 visits
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Herbert Smith Freehills (Brussels)
Belgique 121 contributions 73598 visites
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Herbert Smith Freehills (Brussels)
Belgium 3 contributions 790 visits
Seeking to clarify its policy and encourage leniency applicants to come forward, the European Commission ("Commission") has published new guidance on its approach to leniency and its Leniency Notice. The new guidance comes in the form of Frequently Asked Questions ("FAQs"). The FAQs provide (...)

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

The French Supreme Court confirms that harm cannot be presumed in resale price maintenance cases (Lorillard / AVGR)
Carrefour (Paris)
France 1 contribution 198 visits
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Concours de l’Autorité de la concurrence
France 1 contribution 198 visits
In a recent ruling, France’s highest appeals court (the Cour de cassation) set out its position on the question of the standard of proof regarding a vertical agreement and, more specifically, about the strict application of the material and temporal scope of the EU “Damages” directive of 26th (...)

The UK Competition Appeal Tribunal issues an opt-out certification decision in a class action filed against a Big Tech company (Liz Coll / Google)
Hausfeld (London)
United Kingdom 20 contributions 5342 visits
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Hausfeld (London)
United Kingdom 4 contributions 2025 visits
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Hausfeld (London)
United Kingdom 1 contribution 1499 visits
On 31 August 2022, the Competition Appeal Tribunal released its judgment in Elizabeth Helen Coll v Alphabet Inc. and Others [2022] CAT 39, which confirms that consumer champion Liz Coll is authorised to bring an opt-out collective claim against Google for alleged competition law infringements (...)

The US DoJ strikes plea deals with two companies which conspired to rig bids on piping and insulation projects in Connecticut (BC Flynn Contracting / Axion Specialty Contracting)
US Department of Justice (Washington)
États-Unis 180 contributions 79219 visites
Two Companies Plead Guilty in Bid Rigging Scheme for Insulation Contracts* These are the Sixth and Seventh Defendants to Plead Guilty in this Investigation BC Flynn Contracting Corp. (BC Flynn) and Axion Specialty Contracting LLC (Axion) pleaded guilty yesterday in federal court in (...)

The EU Court of Justice delivers a preliminary ruling on the interpretation of the product scope of a cartel, with practical significance for follow-on damages actions before national courts (Daimler / DAF Trucks)
McDermott Will & Emery (Paris)
France 136 contributions 68322 visites
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McDermott Will & Emery (Brussels)
Belgium 23 contributions 5122 visits
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McDermott Will & Emery (Paris)
France 33 contributions 8031 visits
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On August 1, 2022 the EU Court of Justice (CJEU) gave a preliminary ruling on the interpretation of the product scope of a cartel found to exist by the EU Commission (EC) in its Decision dated July 19, 2016, C (2016) 4673 final, in Case AT.39824 – Trucks (the Decision). This Decision led (...)

The US District Court for the Northern District of California issues a decision on a decertification order in a long-running class action dispute concerning a class-wide damages model (Freitas / Cricket Wireless)
Covington & Burling (Washington)
United States 1 contribution 754 visits
On July 29, Judge William Alsup of the Northern District of California issued a decertification order in a long-running class action dispute concerning Cricket Wireless’s 4G advertising, ruling that plaintiff’s counsel made “too critical a mistake” in fashioning their class-wide damages model. (...)

The 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)
United Kingdom 7 contributions 2095 visits
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Hausfeld (London)
United Kingdom 3 contributions 879 visits
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 German Federal Court of Justice dismisses an agricultural group’s claim against the Competition Authority over an alleged violation of the principle of equality in a plant protection cartel investigation (BayWa)
Fieldfisher (Düsseldorf)
Germany 1 contribution 49 visits
In a decision dated 30 June 2022, the Federal Court of Justice dismissed with final effect an official liability suit brought by the agricultural group BayWa AG against the Federal Cartel Office (FCO). BayWa sued the FCO for disadvantages in a plant protection cartel case due to price (...)

The EU Court of Justice provides increased clarity on the temporal scope of the Damages Directive (Volvo / DAF Trucks)
KU Leuven
Belgium 15 contributions 3425 visits
On 22 June 2022, the Court of Justice of the European Union (“ECJ”) clarified the temporal application of the Directive 2014/104/EU of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions (“Damages Directive”) to (...)

The EU Court of Justice specifies the temporal scope on rules governing carry on damages for competition law infringements as well as the quantification of damages and the rebuttable presumption relating to the existence of a cartel following a decision by the Commission (Volvo / DAF Trucks)
European Court of Justice (Luxembourg)
Luxembourg 331 contributions 109447 visites
The Court specifies the temporal scope of the rules governing the limitation period for bringing an action for damages for infringements of competition law and of the rules governing the quantification of the harm resulting from such infringements and the rebuttable presumption relating to the (...)

The EU Court of Justice rules on the temporal applicability of the cartel damages directive and clarifies the statute of limitation in cartel damages (Volvo / DAF Trucks)
Hausfeld (Berlin)
Germany 7 contributions 1159 visits
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Hausfeld (Berlin)
Germany 2 contributions 491 visits
In its latest decision regarding the Trucks cartel the European Court of Justice (“ECJ“) once again clarified statute of limitation issues. Although the decision primarily dealt with the temporal applicability of the 2014 EU Damages Directive, it draws important implications for the (...)

The EU Court of Justice rules on the temporal applicability of EU law on limitation periods and burden of proof in actions seeking antitrust damages (Volvo / DAF Trucks)
Portolano Cavallo (Milan)
Italie 63 contributions 10268 visites
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Portolano Cavallo (Milan)
Italy 36 contributions 7070 visits
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Portolano Cavallo (Rome)
Italy 2 contributions 236 visits
This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On June 22, 2022, the European Court of Justice (hereinafter, the “ECJ”) issued a judgement in Case C-267/20 clarifying the temporal application of certain (...)

The UK Competition Appeal Tribunal gives the go-ahead for a follow on damages claim in a vehicle cartel case (Trucks Cartel)
Ashurst (London)
United Kingdom 14 contributions 2577 visits
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Ashurst (London)
United Kingdom 3 contributions 604 visits
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Ashurst (London)
United Kingdom 7 contributions 1406 visits
This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 8 June 2022, the Competition Appeal Tribunal ("CAT") handed down judgment in respect of two applications for collective proceedings (heard jointly) (...)

The UK Competition Appeal Tribunal allows planned forex class action against big banks with the proviso that class members must opt-in to the litigation (Evans / O’Higgins)
Hausfeld (London)
United States 11 contributions 5142 visits
London, 31 March 2022 – Today, the Competition Appeal Tribunal (CAT) has handed down its judgment in FX Claim UK, the opt-out collective action brought by Phillip Evans, deciding that the proposed FX collective proceedings can be certified, but on an opt-in basis only. Mr Evans intends to (...)

The UK Competition Appeal Tribunal declines to certify two claims advanced against a number of UK banks for their participation in a forex spot rate manipulation cartel as opt-out collective proceedings (Evans / O’Higgins)
Ashurst (London)
United Kingdom 3 contributions 604 visits
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Ashurst (London)
United Kingdom 14 contributions 2577 visits
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Ashurst (London)
United Kingdom 7 contributions 1406 visits
On 31 March 2022, the Competition Appeal Tribunal (’CAT’) refused to certify two claims advanced against a number of UK banks for their participation in a foreign exchange spot rate manipulation cartel as opt-out collective proceedings. The novel issue before the CAT at the certification (...)

The 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 9504 visits
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Herbert Smith Freehills (London)
United Kingdom 2 contributions 705 visits
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Herbert Smith Freehills (London)
United Kingdom 2 contributions 705 visits
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 Chinese Supreme People’s Court invalidates a mediation agreement on the grounds that it constituted a horizontal monopoly agreement (Huaming / Taipu)
AnJie Broad Law (Beijing)
China 44 contributions 12555 visits
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AnJie Broad Law (Beijing)
China 15 contributions 1927 visits
On 22 February 2022, the Intellectual Property Court of the Supreme People’s Court of China (SPC IPC) invalidated a mediation agreement, ruling that it constituted a horizontal monopoly agreement, which is prohibited under paragraph 13(1) of the Antimonopoly Law (AML). In the case at hand, (...)

The Higher Regional Court of Berlin applies market tipping rules for the first time and prohibits list first rebates offered by leading real estate portal (Immoscout)
Blomstein (Berlin)
Germany 16 contributions 43980 visits
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Blomstein (Berlin)
Germany 2 contributions 131 visits
The Higher Regional Court of Berlin (Kammergericht, “KG”) ruled that certain exclusivity rebates – so-called ‘list-first’ rebates – granted by real estate portal Immoscout violate German competition law (Case No. U 4/21 Kart). The Immoscout case was decided on the basis of the so-called (...)

The Brazilian Appellate Court of Sao Paulo dismisses a damages claim filed by construction firms against a cement cartel on various grounds including lack of civil liability and statute of limitations
Cescon, Barrieu, Flesch & Barreto (Sao Paulo)
Brazil 6 contributions 141 visits
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Cescon, Barrieu, Flesch & Barreto (Sao Paulo)
Brazil 6 contributions 141 visits
Brief summary of facts Antitrust Damage Claims filed by companies active within the civil construction sector in Brazil based on the Brazilian Competition Authority’s (CADE) condemnation of the so-called "Cement Cartel", on 28 May 2014 (resulting in total cartel fines of around BRL 3.1 (...)

The England & Wales High Court dismisses a €480M follow-on damages claim against a smart card chip cartel on the ground that the suit is barred by the statute of limitations (Gemalto / Thales / Infineon / Renesas)
Ashurst (London)
United Kingdom 14 contributions 2577 visits
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Ashurst (London)
United Kingdom 7 contributions 1406 visits
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Ashurst (London)
United Kingdom 3 contributions 604 visits
The English High Court has ruled that, on the facts of the case, claimants Gemalto had sufficient information about the smart card chips cartel to support a reasonable claim for damages at the point at which the European Commission issued its statement of objections to defendants Infineon and (...)

The Polish Competition Authority fines 6 truck dealers and 8 managers for concluding agreements that limit competition (Trucks Cartel)
Polish Competition Authority (Warsaw)
Pologne 120 contributions 22513 visites
Truck dealer cartels - two decisions of the UOKiK President* UOKiK President Tomasz Chróstny issued two decisions concerning agreements limiting competition between truck dealers. Purchasers of these vehicles have not had a free choice of dealer for many years and have paid inflated prices. (...)

The French Court of Appeal dismisses separate follow-on damages claims by a director and the main shareholder of a company which had previously been granted compensation for losses arising from anticompetitive conduct (Switch / SNCF / Expedia)
Gide Loyrette Nouel (Paris)
France 8 contributions 25751 visits
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Wilhelm & Associés (Paris)
France 2 contributions 151 visits
On December 3rd, 2021, the Paris Court of Appeal (the “Court”) confirmed a ruling by the Paris Commercial Court dismissing a damage claim brought by the former executive shareholder of Switch, a defunct online travel agency, against the national French railway company SNCF and online travel (...)

The EU Commission fines multiple banks €344M for participating in a foreign exchange spot trading cartel (UBS / Barclays / RBS / HSBC / Credit Suisse)
European Commission - DG COMP (Brussels)
Belgique 1361 contributions 2920824 visites
Antitrust: Commission fines UBS, Barclays, RBS, HSBC and Credit Suisse €344 million for participating in a Foreign Exchange spot trading cartel* The European Commission has completed its cartel investigation into the Foreign Exchange (‘Forex’) spot trading market by imposing fines on five (...)

The German Competition Authority publishes its guidelines on the premature deletion of an entry in the register for public procurement
German Competition Authority (Bonn)
Allemagne 457 contributions 116286 visites
Competition Register for Public Procurement – Bundeskartellamt publishes guidelines and practical guide on premature deletion of an entry due to self-cleaning* The Bundeskartellamt has today published guidelines on the premature deletion of an entry in the Competition Register and a (...)

The EU Court of Justice AG Rantos suggests that claims for damages are not time-barred as national legislation transposing EU directives are procedural and can therefore apply retroactively (Trucks Cartel)
Uria Menéndez (Madrid)
Belgium 2 contributions 183 visits
AG Rantos: Temporal scope of the Damages Directive, substantive and procedural provisions and limitation periods* Advocate General Rantos delivered his Opinion in a request of a preliminary ruling by a Spanish court (case C-267/20), the Audiencia Provincial of León, the appellate court in a (...)

The Hong Kong Competition Tribunal delivers its first judgment in a private enforcement action, rejecting claims of an alleged cartel in the supply of diesel (Shell Hong Kong / Meyer Aluminium)
Linklaters (Hong Kong)
Hong Kong 10 contributions 8497 visits
This article has been nominated for the 2022 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The Competition Tribunal has delivered its judgment in the first private competition action in Hong Kong SAR. By rejecting the claims of an alleged cartel in (...)

The EU Court of Justice issues a long-awaited judgment clarifying the extent of an undertaking’s liability in follow-on actions (Sumal / Mercedes Benz Trucks España)
Portolano Cavallo (Milan)
Italie 63 contributions 10268 visites
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Portolano Cavallo (Milan)
Italy 36 contributions 7070 visits
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European Court of Justice (Luxembourg)
Luxembourg 4 contributions 1402 visits
On October 6, 2021, the Grand Chamber of the Court of Justice of the European Union (the “ECJ” or “Court”) issued a long-awaited decision in case C-882/19, Sumal SL (“Sumal”) v Mercedes Benz Trucks España SL (“MBTE”). The judgment shed light on whether, under EU competition law, the victim of (...)

The EU Court of Justice endorses downward liability by deciding that parties harmed by anticompetitive conduct may claim damages directly against subsidiary companies (Sumal / Mercedes Benz Trucks España)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47035 visits
The Judgment of the European Union Court of Justice (CJEU) of 6 October 2021, Sumal, case C-882/19, addresses a request for a preliminary ruling from the provincial court of Barcelona in late 2019. The court is addressing the appeal brought by Sumal after the first instance court had dismissed (...)

The EU Court of Justice issues its judgment concerning the question of whether a subsidiary can be held liable for the anti-competitive behaviour of its parent company (Sumal / Mercedes Benz Trucks España)
Latham & Watkins (Brussels)
Belgium 3 contributions 951 visits
Red pill or blue pill? The European Court of Justice makes its choice: subsidiaries can be held liable for the infringements of their parent companies (Case C-882/19 – Sumal)* On 6 October 2021, the European Court of Justice (ECJ) issued its very much-awaited judgment in case C-882/19 Sumal, (...)

The US State of California Superior Court for the County of Contra Costa awards $15M in damages, plus attorney fees, to a cannabis company following a string of anticompetitive practices from its competitors (Richmond Compassionate Care Collective / Koziol)
Mondelez International (New Jersey)
United States 2 contributions 558 visits
Budding Antitrust Activity in the Cannabis Industry: Lessons from Richmond Compassionate Care Collective v. Koziol* As the cannabis industry continues to blossom from the backwoods into a multi-billion dollar bonanza, the antitrust spotlight is poised to increasingly shine on the industry’s (...)

The Portuguese Competition Court approves a settlement between a consumer protection association and the national land surveyors association based on a class action for damages due to alleged overcharging for surveying services (Ius Omnibus / ANT)
DLA Piper (Lisbon)
Portugal 1 contribution 639 visits
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DLA Piper (Lisbon)
Portugal 20 contributions 28602 visits
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Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 1 contribution 639 visits
Competition law class actions in Portugal: first court-approved settlement* On 20 September 2021, the Portuguese Competition Court approved a settlement between Ius Omnibus, a non-profit consumer protection association, and the National Association of Land Surveyors (ANT), in the context of (...)

The US District Court for the Southern District of Florida rules that corporate-competitor plaintiffs may recover lost profits under the Florida Deceptive and Unfair Trade Practices Act (Tymar Distribution / Mitchell Group)
Jones Day (Miami)
United States 2 contributions 409 visits
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Winston & Strawn (Dallas)
United States 1 contribution 194 visits
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Jones Day (Miami)
United States 1 contribution 194 visits
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Southern District of Florida Finds Lost Profits Recoverable for Corporate-Competitor Plaintiffs Under FDUTPA The Chief Judge of the Southern District of Florida has ruled that corporate-competitor plaintiffs may recover lost profits under the Florida Deceptive and Unfair Trade Practices Act (...)

The UK Competition Appeal Tribunal certifies the first competition class action on behalf of 46 million consumers who suffered loss as a result of anti-competitive interchange fees imposed by a payment company between 1992 and 2008 (Merricks / MasterCard)
Ashurst (London)
United Kingdom 14 contributions 2577 visits
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Ashurst (London)
United Kingdom 14 contributions 2576 visits
On 18 August 2021, the UK’s Competition Appeal Tribunal ("CAT") certified the application by Mr Walter Merricks CBE to bring an opt-out class action on behalf of 46 million UK consumers who suffered loss as a result of anticompetitive interchange fees imposed by Mastercard between 1992 and (...)

The US FTC withdraws from the remaining case against a pharmaceutical company after the Supreme Court decides to strip consumers of relief (AbbVie / Allergan)
US Federal Trade Commission (FTC) (Washington)
United States 179 contributions 42842 visits
Federal Trade Commission Withdraws Remaining Case against AbbVie after Supreme Court Decision Strips Consumers of Relief* After the Supreme Court declined to review a ruling from the Third Circuit that AbbVie used sham litigation to illegally maintain a monopoly, the Federal Trade Commission (...)

The Spanish Commercial Court of Granada grants the first €1.8M award for damages in a milk cartel case (Corporación Alimentaria Peñasanta / Puleva Food / Central Lechera de Galicia)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47035 visits
By Decision of 26 February 2015, INDUSTRIAS LACTEAS, file S/0425/12, the CNMC declared the existence of a cartel in the dairy industry, sanctioning several dairy companies for having reached agreements on purchase prices and distribution of supply sources, allowing the companies total control (...)

The Paris Court of Appeal refuses to cancel an alleged anticompetitive purchase price agreement between social landlords on account of absence of anticompetitive effect (Fédération des promoteurs immobiliers des Alpes/Pluralis)
Nest Avocats (Paris)
France 14 contributions 39187 visits
The Paris Court of Appeal confirmed a judgment of the Lyon Civil Court and dismissed FEDERATION DES PROMOTEURS IMMOBILIERS DES ALPES (Federation of real estate developers in the Alps) and SARL PATRICK GAILLARD ET ASSOCIÉS (a real estate developer) claims. The claimants ask the Court to state (...)

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)
Netherlands 34 contributions 8885 visits
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Bird & Bird (The Hague)
Netherlands 4 contributions 906 visits
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 Dutch District Court of Amsterdam issues a judgment which establishes the liability of cartelists in the heavy trucks industry for gross price coordination (Trucks Cartel)
Bird & Bird (The Hague)
Netherlands 4 contributions 1490 visits
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Bird & Bird (The Hague)
Netherlands 4 contributions 906 visits
This article has been nominated for the 2022 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In this latest instalment of the Trucks Cartel saga, the Amsterdam District Court (“District Court”) refutes the cartelists’ arguments by ruling that the issue (...)

The German Federal Court of Justice rejects a follow-on damages claim but extends the factual presumption that cartel effects harm truck buyers further down the supply chain (Trucks Cartel)
Jones Day (Brussels)
Belgium 2 contributions 105 visits
On 13 April 2021, the German Federal Court of Justice (“BGH”) rejected a follow-on damages claim filed against truck manufacturer Daimler in relation to the European Commission’s ("Commission") Trucks decision. Nevertheless, it is generally seen as a ruling favorable for plaintiffs seeking (...)

The Swedish Patent and Market Court of Appeal rejects damages claim by mobile phone subscriptions company against its mobile network supplier and wholesaler because concurrence of wills was not proven (Telesport / TeliaSonera Mobile Networks / Svea Billing Services)
Stockholm University
Sweden 6 contributions 8247 visits
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Delphi (Stockholm)
Sweden 1 contribution 56 visits
SUMMARY The case relates to a stand-alone claim for damages brought by Telesport AB (Telesport) against TeliaSonera Mobile Networks AB (Telia) and Svea Billing Services AB (Svea Billing). Telesport claimed that the two defendants had entered into an anticompetitive agreement or engaged in a (...)

The EU Court of Justice upholds the General Court’s ruling on the Commission’s duty to pay default interest on reimbursed fines (Printeos)
Ashurst (Brussels)
Belgium 12 contributions 6457 visits
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Ashurst (Brussels)
Belgium 37 contributions 9245 visits
On 20 January 2021 the European Court of Justice ("ECJ") upheld the General Court’s ruling on the European Commission’s duty to pay default interest on reimbursed fines as a form of restitutio in integrum, clarifying the rate to be applied and that late payment of interest will itself incur (...)

The EU Court of Justice makes a clear distinction between a cartel’s restrictive effects on competition and its damaging effects (Kilpailu- ja kuluttajavirasto)
European Commission - DG COMP (Brussels)
Belgium 5 contributions 2584 visits
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CDC Cartel Damage Claims (Brussels)
Belgium 16 contributions 17414 visits
By judgement on the 14th of January 2021 in Case C-450/19, Kilpailu- ja kuluttajavirasto (‘Judgment’), the Court of Justice of the European Union (‘CJEU’) stated that an infringement of Art. 101 TFEU in bid-rigging cases ends with the conclusion of the works, goods or services contract. To (...)

The Paris Court of Appeal finds a significant imbalance in the long-term contractual relationship between the French incumbent parcel delivery operator and one of its clients (La Poste / Central Optics)
Doctolib (Paris)
France 1 contribution 499 visits
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Bredin Prat (Brussels)
Belgium 1 contribution 499 visits
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Allen & Overy (Luxembourg)
Luxembourg 1 contribution 499 visits
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Introduction In its ruling of the 7th January 2021, the Paris Court of Appeal applied the concept of "significant imbalance" in its anterior version now contained in Article L442-1 of the french commercial code. The notion of significant imbalance originates in consumer law and was extended (...)

The Spanish Second-Instance Court reduces the overcharge in an appeal against a judgment awarding damages in the context of a follow-on action deriving from the EU Commission’s decision to fine a cartel of trucks manufacturers (Iveco / Trucks cartel)
Ashurst (Madrid)
Spain 14 contributions 2357 visits
On 18 December 2020, a Spanish second-instance court (Audiencia Provincial de Asturias, "APA") issued a ruling partially endorsing an appeal brought by IVECO S.a.P. ("IVECO") against a judgment awarding damages to one of its customers in the context of a follow-on action deriving from the EU (...)

The German Regional Court in Bonn dismisses plant protection wholesaler’s action to establish the Competition Authority’s liability (BayWa)
German Competition Authority (Bonn)
Allemagne 457 contributions 116286 visites
BayWa’s legal action to establish Bundeskartellamt’s liability dismissed* The action brought by BayWa AG, Munich, against the Bundeskartellamt to establish the authority’s liability was dismissed in full by the Regional Court in Bonn today (case no. 1 O 201/20). BayWa had filed a claim for (...)

The German Regional Court of Bonn dismisses a pesticide producer’s claim for state liability against the Competition Authority (BayWa)
Van Bael & Bellis (Brussels)
Belgique 31 contributions 4232 visites
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Van Bael & Bellis (Brussels)
Belgium 24 contributions 5008 visits
On 2 December 2020, the Regional Court of Bonn (“Court”) dismissed a claim of € 72.8 million by crop protection producer BayWa against the German Federal Cartel Office (“FCO”). BayWa argued that the FCO had violated its procedural rights, in particular the principle of equal treatment, in the (...)

The US District Court for the District of Delaware contradicts the Supreme Court precedent regarding patent settlements in the pharmaceutical sector (Chimicles Schwartz Kriner / Donaldson-Smith / Amgen / Teva / Watson / Actavis)
White & Case (New York)
United States 3 contributions 1481 visits
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White & Case (Washington)
United States 9 contributions 3689 visits
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White & Case (Washington)
United States 11 contributions 1779 visits
A Nov. 30 decision by the U.S. District Court for the District of Delaware, In re: Sensipar Antitrust Litigation, contradicts controlling U.S. Supreme Court precedent and, if followed, could have significant implications for patent settlements well outside the pharmaceutical context in which (...)

The Dutch Competition Authority allows insurers to introduce a joint scheme for handling vehicle-damage claims
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 212 contributions 36498 visits
ACM: insurers are allowed to introduce joint scheme for handling vehicle-damage claims* Insurers in the Netherlands are allowed to introduce a scheme that will enable them to handle cases involving damage to vehicles in a faster and more simplified manner. Currently, consumers that have (...)

The Russian Competition Authority forcibly returns the equivalent of €14 million into the state budget from former Mayor of Vladivostok, his family, and affiliated companies found guilty of collusion in the auctions for construction materials and supply of medicines (Igor Pushkaryov / MUE Roads of Vladivostok)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 56731 visites
More Than 2.3 Billion Rubles of Illegal Income Was Returned to the State Budget* The funds were obtained as a result of collusions at auctions for the purchase of construction materials (1.4 billion rubles) and the supply of medicines and medical devices (900 million rubles) On October 20, (...)

The Romanian Government publishes an ordinance on actions for damages providing that cartel infringements are presumed to cause an overcharge of 20%
KU Leuven
Belgium 15 contributions 3425 visits
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Van Bael & Bellis (Brussels)
Belgium 11 contributions 5924 visits
On 16 October 2020, the Romanian government published Ordinance No. 170/2020 on actions for damages in cases of violation of the competition law provisions and modifying and supplementing Romanian Competition Law No. 21/1996 (the “Ordinance”). The Ordinance provides that cartel infringements (...)

The German District Court of Dortmund implements the Kühnen approach to private enforcement in practice and estimates the cartel overcharge to be at least 15% for a rail sector cartel (Rail Cartel)
Spieker & Jaeger (Dortmund)
Germany 3 contributions 2283 visits
The esteemed (former) chief judge of the First Senate of the Düsseldorf Higher Regional Court (‘Oberlandesgericht’), Jürgen Kühnen, in 2019 provided ample arguments for an estimation of damages in Private Law. The District Court (‘Landgericht’) of Dortmund implemented Kühnen’s approach in (...)

The Regional Court of Dortmund quantifies cartel damage without consulting time and cost consuming court-approved experts (Rail cartel)
Bird & Bird (Dusseldorf)
Germany 12 contributions 2041 visits
The Regional Court of Dortmund is the first German court quantifying a cartel damage claim by estimating the amount of damage on the basis of § 287 of the Code of Civil Procedure of Germany. In contrast to the previous cases, the court quantified the damage amount without consulting time and (...)

The Regional Court of Dortmund estimates a cartel overcharge of at least 15% in the rail sector without involving any court-appointed economic experts (Rail cartel)
Hogan Lovells (Munich)
Germany 39 contributions 4562 visits
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Hogan Lovells (Munich)
Germany 65 contributions 25473 visits
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Hogan Lovells (Düsseldorf)
Germany 4 contributions 1218 visits
1. Introduction Determining the overcharge and, with that, the amount of cartel damages potentially suffered, is considered one of the most difficult aspects of cartel damages litigation in practice. The District Court of Dortmund (the “District Court”), known for its bold and innovative (...)

The German Federal Court of Justice rules on a damages claim following a Commission decision sanctioning a cartel of truck manufacturers (Trucks cartel)
Ashurst (Munich)
Germany 9 contributions 1777 visits
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Ashurst (Frankfurt)
Germany 15 contributions 4228 visits
In a decision of 23 September 2020, published early January 2021, the German Federal Court of Justice ("BGH") rejected a follow-on damages claim filed against Daimler in relation to the European Commission’s ("Commission") Trucks decision. This is the first time that the highest German civil (...)

The Dutch District Court of Noord-Nederland holds a former director personally liable for the North Sea shrimps cartel (Gerard Willem Breuker)
Bird & Bird (The Hague)
Netherlands 7 contributions 3916 visits
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Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 11 contributions 5240 visits
Introduction On 23 September 2020 a former director of one of the North Sea shrimps cartelists was held personally liable for damage of over € 13 million by the Dutch District Court of Noord-Nederland (“Court”). According to the Court, the director’s personal involvement in the cartel (...)

The UK Supreme Court confirms that English courts may set the terms of global licences to portfolios of standard essential patents (Unwired Planet / Huawei)
Bristows (London)
United Kingdom 3 contributions 4675 visits
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Bristows (London)
United Kingdom 1 contribution 264 visits
English courts given green light to set terms of global FRAND licences* On 26 August 2020, the UK Supreme Court (UKSC) gave its eagerly awaited judgment in Unwired Planet v Huawei and Conversant v Huawei & ZTE. In a unanimous policy-driven decision, the Court dismissed the appeals (...)

The UK Supreme Court issues its ruling in a standard essential patent case and clarifies the Courts’ approach to FRAND disputes (Unwired Planet / Huawei)
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 41 contributions 40116 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 27 contributions 8812 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 5 contributions 943 visits
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On 26 August 2020, the UK Supreme Court issued its judgment in a standard-essential patent (SEP) dispute between Huawei and Unwired Planet (see full alert memorandum). Unwired Planet is a patent assertion entity that acquires and licenses patents. In 2013, it acquired telecoms patents from (...)

The UK Supreme Court confirms that it is possible to set global FRAND rates and global licences to portfolios of standard-essential patents (Unwired Planet / Huawei)
Baker Botts (Brussels)
Belgium 28 contributions 21201 visits
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Baker Botts (Brussels)
Belgium 15 contributions 5325 visits
The U.K. Supreme Court’s 26 August ruling on standard-essential patents (SEPs) is the latest in a series of recent decisions that are likely to have a profound effect on FRAND license negotiations across the globe, in particular for the next generation 4G and 5G mobile telecommunication (...)

The UK Supreme Court hands down a judgment involving a software and a telecommunications company, providing answers to questions concerning the English Courts’ approach to FRAND disputes (Unwired Planet / Huawei)
Hogan Lovells (London)
United Kingdom 1 contribution 595 visits
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Hogan Lovells (London)
United Kingdom 1 contribution 595 visits
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Hogan Lovells (London)
United Kingdom 1 contribution 595 visits
The UK Supreme Court has handed down its long-awaited judgment in the Unwired Planet v Huawei and Conversant v Huawei & ZTE proceedings ([2020] UKSC 37), providing answers on several key questions concerning the English Courts’ approach to FRAND disputes. In a unanimous judgment, the (...)

The UK Competition Authority fines 3 pharmaceutical companies £2.3 million for having an anti-competitive agreement in the supply of the life-saving drug fludrocortisone and secures £8 million in damages for the National Health Service (Aspen / Amilco / Tiofarma)
UK Competition & Markets Authority - CMA (London)
United Kingdom 406 contributions 100835 visits
CMA levies fines of £2.3m and secures £8m for NHS in pharma probe* The CMA has formally concluded that 3 pharmaceutical companies took part in an illegal arrangement in relation to the supply of life-saving medicine. The investigation by the Competition and Markets Authority into the (...)

The German Lower Regional Court of Dortmund hands down a judgment regarding follow-on damages against a wholesale company for sanitary and heating products (Sanitary and heating cartel)
Ashurst (Frankfurt)
Germany 15 contributions 4228 visits
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Ashurst (Frankfurt)
Germany 4 contributions 319 visits
On 8 July 2020, The German Lower Regional Court of Dortmund ("Court") recently handed down its ruling regarding follow-on damages against a specialist wholesale company for sanitary and heating products. Damages were sought following a fine of the German Federal Cartel Office ("FCO") relating (...)

The UK Supreme Court partially dismisses an appeal concerning the two payment processing networks on the basis that their multilateral interchange fees restricted competition (Sainsbury’s / Visa / MasterCard)
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 27 contributions 8812 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 21 contributions 22303 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 4 contributions 716 visits
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On 17 June 2020, the Supreme Court handed down a much anticipated judgment concerning the default multilateral interchange fees (MIFs) set by Mastercard and Visa (together, the Appellants). The case considered appeals relating to three separate damages actions brought by retailers against (...)

The UK Supreme Court dismisses an appeal concerning the two largest payment processing networks on the basis that their multilateral interchange fees restricted competition (Sainsbury’s / Visa / MasterCard)
Van Bael & Bellis (Brussels)
Belgique 389 contributions 94714 visites
On 17 June 2020, the UK Supreme Court dismissed Mastercard and Visa’s appeal against a 2018 ruling by the Court of Appeal of England and Wales and ruled that their multilateral interchange fees (“MIFs”) unlawfully restricted competition. The Supreme Court’s ruling potentially exposes (...)

The Paris Court of Appeal rejects an appeal against a follow-on damages claim by a rival telecommunications provider and grants a reduction in the amount of damages to be paid (Orange / Digicel)
Court of First Instance of Namur (Namur)
Belgique 224 contributions 47334 visites
On 17 June 2020, the Paris Court of Appeal rejected Orange’s (formerly known as France Telecom) appeal against a follow-on damages claim by rival telecommunications provider Digicel (formerly known as Bouygues Telecom) but granted a reduction in the amount of damages to be paid of nearly € 100 (...)

The UK Supreme Court gives an important judgment in the litigation regarding two payment platform providers’ interchange fees (Sainsbury’s / Visa / Mastercard)
Shearman & Sterling (London)
United Kingdom 2 contributions 404 visits
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Shearman & Sterling (London)
United Kingdom 23 contributions 14262 visits
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Shearman & Sterling (Brussels)
Belgium 21 contributions 10349 visits
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Introduction The U.K. Supreme Court has handed victory to a group of British retailers (the “respondents”) in a long-running dispute with Mastercard and Visa Europe (the “appellants”) finding that the default “multilateral interchange fees” (MIFs) set by Mastercard and Visa and charged by (...)

The Paris Court of Appeal hands down an important judgment in a follow-on damages claim for the consequences of abusive practices in the telecommunications market (Orange / Digicel)
University Paris-Panthéon-Assas
France 7 contributions 12899 visits
On June 17, 2020, the Paris Court of Appeal handed down an important decision in the Digicel / Orange case. Digicel has indeed initiated an action to be compensated for the consequences of the abusive practices implemented in the Antilles-Guyana zone by Orange-Caraïbe and Orange between 2000 (...)

The UK Supreme Court finds a competition law infringement caused by payment card schemes used in supermarkets (Sainsbury’s / Visa & MasterCard)
Hausfeld (London)
United Kingdom 5 contributions 1293 visits
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Hausfeld (London)
United States 6 contributions 1082 visits
The UK Supreme Court recently handed down its eagerly anticipated Judgment in respect of unlawful interchange fee claims against MasterCard and VISA, following almost a decade of litigation. The Judgment provides welcome clarity to merchant retailers as to the unlawfulness of MasterCard’s and (...)

The UK Supreme Court finds that multilateral interchange fees between credit card companies violate competition law (Sainsbury’s / Visa / MasterCard)
Osborne Clarke (London)
United Kingdom 28 contributions 789 visits
Brief summary of facts Sainsbury’s brought an action before the High Court seeking a declaration that the multilateral interchange fees (MIFs) set by Visa for transactions in the UK (the UK MIFs) were, at the relevant times, unlawful as being contrary to Article 101(1) of the TFEU and/or the (...)

The Paris Court of Appeal provides guidance in the context of an action for damages related to anti-competitive practices in the telecommunications sector (Orange Caraïbe / Digicel)
CDC Cartel Damage Claims (Brussels)
Belgium 16 contributions 17414 visits
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CDC Cartel Damage Claims (Brussels)
Belgium 1 contribution 160 visits
On 17 June 2020, the Paris Court of Appeal (Court) delivered its judgment (Orange judgment) in which it ordered Orange to pay EUR 249.5 million (EUR 181.5 million in damages plus EUR 68 million in interest) to Digicel Antilles and Guyana, following the implementation by the former of a number (...)

The UK Supreme Court confirms that two payment platform providers’ fees restricted competition (Visa / MasterCard)
Slaughter and May (London)
United Kingdom 2 contributions 762 visits
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Slaughter and May (Brussels)
Belgium 1 contribution 36 visits
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 17 June 2020, the Supreme Court unanimously upheld an earlier Court of Appeal ruling that Mastercard and Visa’s multilateral interchange fees (MIFs) (...)

The UK Supreme Court finds that payment card schemes used in supermarkets infringe competition law (Sainsbury’s / Visa / MasterCard)
Morgan Lewis (London)
United Kingdom 28 contributions 16465 visits
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Morgan Lewis (London)
Royaume-Uni 27 contributions 10063 visites
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Davis Polk (London)
United Kingdom 1 contribution 459 visits
On June 17, 2020, the UK Supreme Court handed down its judgment in the appeals on the lawfulness of multilateral interchange fees, or swipe fees, (MIFs) in Sainsbury’s Supermarkets Ltd (Respondent) v. Visa Europe Services LLC and Others (Appellants) and Sainsbury’s Supermarkets Ltd and Others (...)

The UK Supreme Court hands down its judgment on an appeal relating to competition damage claims brought by retailers against two payment platform providers (Sainsbury’s / Visa / Mastercard)
Frontier Economics (London)
United Kingdom 2 contributions 84 visits
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Frontier Economics (London)
United Kingdom 2 contributions 84 visits
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The UK Supreme Court recently handed down its judgment on appeals relating to competition damages claims brought by Sainsbury’s and other retailers against (...)

The Paris Court of Appeal orders a telephone operator to pay €180M in a follow on damages claim arising as a result of exclusivity agreements (Digicel Antilles Françaises Guyane / Orange)
Herbert Smith Freehills (Paris)
France 63 contributions 13461 visits
Brief summary of facts Orange Caraïbe was fined by the FCA for: (i) imposing exclusivity clauses in distribution agreements with its independent distributors, (ii) having an exclusivity agreement with Cetelec, the only authorised repairer of terminals in the Caribbeans; (iii) setting up a (...)

The EU Court of Justice receives a request for a preliminary ruling from the Léon Court of Appeal on the temporal application of the Damages Directive provisions on limitation and quantification of harm (Volvo / DAF Trucks)
CDC Cartel Damage Claims (Brussels)
Belgium 16 contributions 17414 visits
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European Commission - DG COMP (Brussels)
Belgium 5 contributions 2584 visits
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CDC Cartel Damage Claims (Brussels)
Belgium 1 contribution 265 visits
In the aftermath of Directive 2014/104/EU (Directive), Spain appears to be one of the most active jurisdictions dealing with antitrust damages cases. In particular, a multitude of Spanish courts have been seized with actions for compensation in relation to the European Trucks Cartel (Case (...)

A Spanish Regional Court requests a preliminary ruling on the possibility of the retroactive application of the provisions concerning the period of limitation to bring damages actions (Volvo / Trucks)
Ecija & Asociados (Madrid)
Spain 20 contributions 2208 visits
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Bird & Bird (Madrid)
Spain 29 contributions 4766 visits
The application of the transitional regime of the Damages Directive (No. 2014/104), of 26 November 2014, has created legal uncertainty regarding the statute of limitations of damages claims. On 12 June 2020, the Regional Court of León referred questions to the European Court of Justice (ECJ) (...)

The German Higher Regional Court dismisses a private damages claim against a former drugstore chain on the grounds that the claimant did not suffer any damage as a consequence of the anticompetitive information exchange (Drogeriekartell)
Hogan Lovells (Munich)
Germany 65 contributions 25473 visits
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Hogan Lovells (Munich)
Germany 39 contributions 4562 visits
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Hogan Lovells (Munich)
Germany 34 contributions 1460 visits
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Brief summary of facts Claimant brought an action for damages in the amount of EUR 212 million against the former suppliers of a drugstore chain. The German Federal Cartel Office had fined these suppliers for anti-competitive exchange of information. Brief summary of judgment The Higher (...)

The German Regional Court of Hanover rules that the assignment of claims to a parent company is invalid because the economic risk relating to the claims had not been entirely transferred to claimant (Sugar Cartel)
Hogan Lovells (Munich)
Germany 65 contributions 25473 visits
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Hogan Lovells (Munich)
Germany 39 contributions 4562 visits
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Hogan Lovells (Munich)
Germany 34 contributions 1460 visits
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Brief summary of facts Claimant brought an action for damages in the amount of EUR 15 million against the defendants on the basis of their participation in the sugar cartel, which was established and fined by the German Federal Cartel Office in its decision of 18 February 2014. The claims of (...)

The US Court of Appeals for the Third Circuit overturns a district court decision certifying a class of direct purchaser plaintiffs without undertaking a rigorous analysis to resolve factual disputes, assess competing evidence, or weigh conflicting expert testimony (Lamictal)
McDermott Will & Emery (New York)
United States 6 contributions 1112 visits
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Crowell & Moring (Washington)
United States 17 contributions 2576 visits
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McDermott Will & Emery (Chicago)
United States 15 contributions 3437 visits
The US Court of Appeals for the Third Circuit recently concluded in In re Lamictal Direct Purchaser Antitrust Litigation that a district court’s reliance on average prices to determine class-wide impact was insufficient. Instead, courts must conduct a rigorous analysis of the facts, evidence (...)

The Chilean Competition Court condemns the defendants for colluding in the tissue paper market (Papelera Cerrillos / CMPC Tissue)
Prieto y Cia
Chile 3 contributions 72 visits
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Chile Court of Defense of Free Competition
2 contributions 61 visits
Brief summary of facts On 28 December 2017, the Competition Court decided to condemn the defendants for colluding in the tissue paper market, which was confirmed by the Supreme Court. The claimant is a small paper company, which was affected by the collusion of both companies, falling into (...)

The French Supreme Administrative Court confirms that a damages claim arising from a cartel in the market for road-signalling is not time-barred (Signalisation France)
Herbert Smith Freehills (Paris)
France 63 contributions 13461 visits
Brief summary of facts In 2010, the FCA fined eight companies active in the road signalling sector for bid rigging and market sharing. Several local communities sought compensation for the overcharge paid as a result of the practices before administrative courts. Brief summary of judgment (...)

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 289 visits
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Jones Day (Amsterdam)
Netherlands 11 contributions 289 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 US Court of Appeals for the Seventh Circuit rules on the co-conspirator exception to the Illinois Brick rule against distributors in the healthcare market (Marion Healthcare / Becton Dickinson & Company)
Bona Law (San Diego)
United States 22 contributions 3700 visits
The Seventh Circuit Explains the “Co-Conspiracy Exception” to the Illinois Brick Rule in Healthcare Antitrust Lawsuit* Antitrust law evolves in such a way that opinions from federal appellate courts are always interesting in how they affect the doctrine. But there are a select few judges who (...)

The US Court of Appeals for the Seventh Circuit clarifies whether a consumer who purchases from a distributor may hold a manufacturer liable for overcharges resulting from a conspiracy between the distributor and manufacturer in the passing on of a case between two healthcare providers (Marion Healthcare / Becton Dickinson & Company)
Freshfields Bruckhaus Deringer (New York)
United States 2 contributions 264 visits
Introduction In its recent decision in Marion Healthcare, LLC v. Becton Dickinson & Co., the Seventh Circuit added to the discussion among circuit courts as to whether and when a consumer who purchases from a distributor may hold a manufacturer liable for overcharges resulting from a (...)

The German Regional Court of Stuttgart rules that decisions by the EU Commission do not raise presumptions of anticompetitive harm for claimants outside of the common market (Truck Cartel)
Hogan Lovells (Munich)
Germany 65 contributions 25473 visits
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Hogan Lovells (Munich)
Germany 39 contributions 4562 visits
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Hogan Lovells (Munich)
Germany 34 contributions 1460 visits
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Brief summary of facts Claimant had bought 2,138 trucks mainly from the brand produced by the defendant. The trucks were brought to Nigeria. Claimant brought an action for damages in the amount of EUR 20.5 million arguing that the transaction was affected by the truck cartel the European (...)

The England & Wales Court of Appeal upholds a ruling which declared that the national rail track operator abused its dominance by restricting suppliers’ access to its infrastructure (Network Rail / RISQS)
Ashurst (London)
United Kingdom 35 contributions 17102 visits
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ADNOC Group (Abu Dhabi)
United Arab Emirates 29 contributions 5497 visits
The Court of Appeal on 5 March 2020 handed down a judgment upholding the ruling of the Competition Appeal Tribunal ("CAT") of July 2019 which found Network Rail had infringed the Chapter I and II prohibitions of the Competition Act 1998 by requiring, in its schemes governing suppliers’ access (...)

The UK Competition Authority closes its pharma probe by fining 4 companies more than £3.4 million and requiring a payment of £1 million directly to the NHS for breaches of competition law in relation to the supply of an antidepressant (King Pharmaceuticals / Accord-UK / Lexon / Alissa Healthcare Research)
UK Competition & Markets Authority - CMA (London)
United Kingdom 406 contributions 100829 visits
Over £3m in fines and £1m for NHS in CMA pharma probe* Following an investigation, the CMA has found that 4 pharmaceutical companies broke competition law in relation to the supply of an antidepressant. The probe by the Competition and Markets Authority (CMA) into the supply of (...)

The UK Competition Appeal Tribunal rules on which part of the EU Commission’s settlement decision is binding on a defendant and that it is an abuse of process for defendants to deny in follow-on damages claims the findings that are contained in settlements (Trucks Cartel)
Hausfeld (London)
United Kingdom 1 contribution 264 visits
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Hausfeld (London)
United Kingdom 2 contributions 352 visits
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Ashurst (London)
United Kingdom 8 contributions 3337 visits
In an important judgment for follow- on damages claims, the Competition Appeal Tribunal has ruled that a number of findings made by the European Commission in its Trucks ‘settlement’ Decision are binding on the defendants and the Tribunal; and that, subject to limited exceptions, it is an (...)

The Spanish Provincial Court of Pontevedra reduces the amount of damages received by an individual for the acquisition of a truck when the trucks cartel was in place (Man Truck & Bus Iberia / Trucks Cartel)
Herbert Smith Freehills (Madrid)
Spain 22 contributions 31726 visits
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Herbert Smith Freehills (Madrid)
Spain 12 contributions 2168 visits
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Herbert Smith Freehills (Madrid)
Spain 5 contributions 800 visits
The Provincial Court of Pontevedra, Spain (Provincial Court) reduced the amount of damages received by an individual for the acquisition of a truck from one of the companies sanctioned by the European Commission’s decision in case AT.39824 -Trucks (EC Decision) when that cartel was in place (...)

The French Commercial Court of Paris rules that claimants of damages against a yoghurt cartel failed to discharge the burden of proof (Provera / Cora / X Z / Groupe Lactalis / Lactalis Nestlé / Novandie...)
Herbert Smith Freehills (Paris)
France 63 contributions 13461 visits
Brief summary of facts Three companies of the Cora supermarket group sought compensation from dairy companies fined by the French Competition Authority in the context of the "yoghurt cartel" (FCA decision 15-D-03). Dairy companies were found to have participated in price fixing agreements (...)

The German Federal Court of Justice clarifies the requirements for establishing the necessary causality between anticompetitive behaviour and damages allegedly suffered by claimants (Schienenkartell II)
Ashurst (Frankfurt)
Germany 15 contributions 4228 visits
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Ashurst (Frankfurt)
Germany 4 contributions 319 visits
On 28 January 2020, the German Federal Court of Justice ("FCJ"), handed down another highly relevant decision in the field of cartel damages, which has been published on 16 March 2020 (case KZR 24/17). In its decision the FCJ deals with the respective requirements regarding the condition of (...)

The German Federal Court of Justice provides guidance on the requirements for establishing liability and the assessment of evidence in cartel damages cases (Schienenkartell II)
Freshfields Bruckhaus Deringer (Berlin)
Germany 2 contributions 737 visits
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European Court of Justice (Luxembourg)
Luxembourg 4 contributions 2838 visits
In its judgment of 28 January 2020, the Cartel Senate of the German Federal Court of Justice provided new guidance on the requirements for establishing liability and the assessment of evidence in cartel damages cases. In the initial proceedings, the plaintiff, a local transport company, sought (...)

The German Federal Court of Justice clarifies the requirements for establishing standing in cartel cases, stating that a claimant must fully prove the causal link between the infringement and the harm suffered (Schienenkartell II)
Hogan Lovells (Munich)
Germany 65 contributions 25473 visits
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Hogan Lovells (Munich)
Germany 39 contributions 4562 visits
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Hogan Lovells (Munich)
Germany 34 contributions 1460 visits
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Brief summary of facts A regional railroad operator brought an action for damages against producers of railway track materials on the basis of their participation in the rail cartel, which had been established and fined by the German Federal Cartel Office in its decision of 18 July 2013. The (...)

The Madrid Commercial Court requests a preliminary ruling from the EU Court of Justice concerning the international competence of the court which was contested by defendants (RH / AB Volvo)
CDC Cartel Damage Claims (Brussels)
Belgium 16 contributions 17414 visits
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European Commission - DG COMP (Brussels)
Belgium 5 contributions 2584 visits
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3C Compliance (Madrid)
Spain 3 contributions 505 visits
Choice of forum delicti in EU-wide cartel damages cases (C-30/20, RH vs Volvo) Does Art. 7(2) Brussels I bis determine territorial jurisdiction within the EU Member States, Madrid Commercial Court asks EU Court of Justice. The request for a preliminary ruling from the Madrid Commercial (...)

The Court of Milan determines that the statute of limitations period does not start from the initiation of an investigation if the injured party does not have reliable and full awareness of the unlawful conduct (Cave Marmi Vallestrona / Iveco)
White & Case (Milan)
Italy 16 contributions 18860 visits
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White & Case (Milan)
Italy 4 contributions 84 visits
Brief summary of facts A construction company brought damages actions against a member of the trucks cartel in the wake of the European Commission’s decision AT. 39824, which included finding of infringement of Article 101 (1) TFEU. Brief summary of judgment The Court of Milan had to (...)

The Paris Commercial Court grants interim measures to a large food retailer by requiring that one of its suppliers of non-alcoholic beverages resume its deliveries (Intermarché / Coca-Cola)
BCTG Avocats (Paris)
France 6 contributions 1000 visits
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BCTG Avocats (Paris)
France 7 contributions 2850 visits
Following the Coca Cola European Partners’ decision (hereinafter ’Coca-Cola’) to stop delivering its products to ITM Alimentaire International (hereinafter ’ITM’), ITM applied for interim measures before the Paris Commercial Court (hereinafter the “Court”) in early 2020. On January 16th, 2020, (...)

The German Higher Regional Court of Munich rules that a fining decision of the EU Commission which is not yet final and subject to appeal does not have any binding effect as concerns the factual finding in the action for damages (Truck Cartel)
Hogan Lovells (Munich)
Germany 65 contributions 25473 visits
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Hogan Lovells (Munich)
Germany 39 contributions 4562 visits
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Hogan Lovells (Munich)
Germany 34 contributions 1460 visits
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Brief summary of facts Claimant brought an action for damages against the defendants on the basis of their participation in the truck cartel, which was established by the European Commission in its decision of 19 July 2016. Other alleged cartel participants were in the proceedings as (...)

The German Regional Court of Stuttgart rules that a claimant seeking damages against a cartel in the market for trucks failed to prove its purchases were affected by the cartel (Truck Cartel)
Hogan Lovells (Munich)
Germany 65 contributions 25473 visits
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Hogan Lovells (Munich)
Germany 39 contributions 4562 visits
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Hogan Lovells (Munich)
Germany 34 contributions 1460 visits
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Brief summary of facts Claimant, a transport and logistics company, had acquired trucks from the defendant. Parts of those trucks were acquired directly by claimant and other parts were acquired through leasing companies. Claimant brought an action for damages against the defendants on the (...)

The Spanish Court of Appeal in Valencia argues that the ex re ipsa doctrine, according to which there is a presumption of the existence of damages caused by certain infringements, must be taken into account to quantify damages (Trucks Cartel / Fiat Chrysler Automobiles / CNH Industrial)
University of Barcelona
Spain 5 contributions 135 visits
Brief summary of facts The European Commission sanctioned a cartel of trucks manufacturers in 2016. A natural person bought a flawed truck and sought compensation from the defendant companies. The first instance commercial court partially upheld the claim (it estimated that the damages (...)

The EU Court of Justice confirms that all parties which were harmed by anticompetitive conduct may claim for damages, irrespective of whether they themselves were active on the relevant market (Otis / Schindler Liegenschaftsverwaltung / Schindler Aufzüge und Fahrtreppen / Kone / ThyssenKrupp Aufzüge / Land Oberösterreich...)
ICC France (Paris)
France 37 contributions 9474 visits
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Hogan Lovells (Paris)
France 24 contributions 6692 visits
Brief summary of facts In 2007, the Commission found that several elevator and escalator manufacturers had formed a cartel in Belgium, Germany, Luxembourg and the Netherlands. In 2008, the Austrian Courts reached the same finding regarding the Austrian market. In 2010, the Land (...)

The EU Court of Justice rules that a public body indirectly affected by a cartel can claim compensation for losses resulting from an antitrust infringement (Otis)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 47336 visits
On 12 December 2019, the Court of Justice of the European Union (“ECJ”) delivered a judgment on a request for a preliminary ruling from the Austrian Supreme Court (C-435/18, Otis and Others v. Land Oberösterreich and Others). The request was made in the context of a compensation claim brought (...)

The EU Court of Justice clarifies that a public body granting promotional loans to the purchaser of products covered by a cartel is entitled to claim damages for loss caused by the cartel (Otis / Land Oberösterreich)
Ashurst (Brussels)
Belgium 37 contributions 9245 visits
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ADNOC Group (Abu Dhabi)
United Arab Emirates 29 contributions 5497 visits
On 12 December 2019, the European Court of Justice ("ECJ") provided important clarification, holding that Article 101 TFEU must be interpreted as meaning that a public body which granted promotional loans to purchasers of products covered by a cartel are entitled to claim damages for loss (...)

The Dutch Court of Appeal in Arnhem-Leeuwarden applies the EU competition law notion of an undertaking in a cartel damages claim procedure (GIS Cartel)
KPN (Amsterdam)
Netherlands 33 contributions 7327 visits
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Bird & Bird (The Hague)
Netherlands 34 contributions 8885 visits
On 26 November 2019 the Court of Appeal of Arnhem ("Court of Appeal") applied the EU competition law notion of an ‘undertaking’ in a cartel damage claim procedure between TenneT and entities belonging to the Alstom group of companies. The Court of Appeal ruled that one of these entities (...)

The Dutch Arnhem-Leeuwarden Court of Appeal applies the Skanska judgement and determines that the parent company of a firm participating in the gas insulated switch gear cartel may be liable for damages (TenneT / Alstom / Cogelex)
Jones Day (Amsterdam)
Netherlands 11 contributions 289 visits
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Jones Day (Amsterdam)
Netherlands 11 contributions 289 visits
Brief summary of facts If this decision, the Court of Appeal Arnhem-Leeuwarden applied the Skanska judgment of the European Court of Justice (i.e. applied the competition law definition of an ‘undertaking’ within the meaning of Article 101 TFEU) to establish liability of a subsidiary for (...)

The Dutch Court of Appeal applies a rationale of the EU Court of Justice and finds a subsidiary liable for damages resulting from an EU competition law infringement committed by its parent company whilst engaging in a cartel (Cogelex)
Leiden University - Faculty of Governance and Global Affairs
Netherlands 2 contributions 434 visits
Introduction In its interim judgement of 26 November 2019 (‘interim judgement’) the Dutch Court of Appeal Arnhem-Le euwarden (‘Court of Appeal’) applied the rationale of the Court of Justice of the European Union (‘CJEU’) in Skanska to rule that Cogelex (a subsidiary) and Alstom Holdings (...)

The Dutch Court of Appeal finds a subsidiary liable for the cartel damage caused by a minority shareholder that had or could have a decisive influence over it (Cogelex)
Maastricht University (Maastricht)
Netherlands 5 contributions 3150 visits
In a decision of 26 November 2019, the Court of Appeal Arnhem-Leeuwarden deduced from the Court of Justice’s decision in Skanska that the EU concept undertaking is to be used to determine the entity which is required to provide compensation for damage caused by an infringement of Article 101 (...)

The England & Wales Court of Appeal adjusts-down a follow-on damages award in a cartel case and emphasises the principle that damages may only be compensatory, not punitive (BritNed / ABB)
White & Case (Brussels)
Belgium 50 contributions 38616 visits
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White & Case (London)
United Kingdom 14 contributions 34988 visits
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White & Case (London)
United Kingdom 27 contributions 13740 visits
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In BritNed v ABB, the English Court of Appeal substantially reduced the UK’s first award of damages in a so-called cartel damages claim brought for breach of European competition law. In so doing, the Court rejected calls for a more strict and punitive approach to damages in cartel claims. The (...)

The England & Wales Court of Appeal clarifies principles governing competition damages and reiterates that judges must base their decisions on the evidence before them by exclusively focusing on the loss of the claimant (BritNed / ABB)
University of Buckingham
United Kingdom 4 contributions 2032 visits
The Court of Appeal in BritNed v ABB [2019] EWCA Civ 1840 has again had to clarify the principles governing competition damages. It reaffirmed the English High Court’s rejection of the claimant’s approach to damages but took issue with the trial judge’s position that damages should err on the (...)

The England & Wales Court of Appeal clarifies the principles governing competition damages and reiterates that judges must base their decisions on the evidence before them by exclusively focusing on the loss of the claimant (BritNed / ABB)
Osborne Clarke (London)
United Kingdom 28 contributions 789 visits
Brief summary of facts The dispute arose from an ’interconnector’ submarine cable supplied by ABB, which connects the UK National Grid to the Dutch TenneT grid. It emerged in the European Commission’s ruling of 2014 that a cartel (of which ABB was a member) had sold cable capacity during the (...)

The England & Wales Court of Appeal hands down a follow-on damages claim against a power cable cartel member (BritNed / ABB)
KPN (Amsterdam)
Netherlands 33 contributions 7327 visits
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Bird & Bird (London)
United Kingdom 28 contributions 3541 visits
On 31 October 2019, the Court of Appeal of England and Wales ("Court") handed down a significant judgment in relation to BritNed’s follow-on damages claim against a power cable cartel member, ABB. The Court allowed ABB’s cross-appeal in relation to cartel savings, finding that the High Court (...)

The England & Wales Court of Appeal slashes a cartel follow-on damages award and emphasises claimants’ burden to prove losses in a claim brought by power cable manufacturers for market-sharing and customer allocating (BritNed / ABB)
Ashurst (London)
United Kingdom 7 contributions 1406 visits
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Ashurst (London)
United Kingdom 14 contributions 2577 visits
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Ashurst (London)
United Kingdom 1 contribution 93 visits
BritNed Development Limited ("BritNed") brought a claim against ABB arising from the European Commission’s 2014 power cables cartel decision. In October 2018, the High Court found that there had been no overcharge but awarded damages for "baked-in inefficiencies" and "cartel savings" plus (...)

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)
United Kingdom 11 contributions 1644 visits
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Hausfeld (London)
United Kingdom 5 contributions 1293 visits
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 Rotterdam District Court issues an interim judgment in a private enforcement cartel claim in the lifts and escalators market (Kone / ThyssenKrupp)
Bird & Bird (The Hague)
Netherlands 34 contributions 8885 visits
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KPN (Amsterdam)
Netherlands 33 contributions 7327 visits
On 23 October 2019, the District Court of Rotterdam ("District Court") rendered an interim judgement on a private enforcement cartel claim against Kone and ThyssenKrupp. The private enforcement claim follows fines imposed by the European Commission back in 2007 for a lifts and (...)

The Finnish Supreme Court rules that economic succession is applicable to parent companies with respect to liability for competition damages caused by their acquired companies (Asphalt cartel)
Castrén & Snellman (Helsinki)
Finland 1 contribution 108 visits
On 22 October 2019, the Supreme Court issued a significant precedent in a competition damages case based on the so-called asphalt cartel. The Supreme Court had granted the City of Vantaa leave to appeal concerning the question of whether a company that is the sole shareholder in a company (...)

The Higher Regional Court of Nürnberg rules that without reference to a specific product there will not be a prima facie case against exchanges of information (HEMA)
Hogan Lovells (Munich)
Germany 65 contributions 25473 visits
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Hogan Lovells (Munich)
Germany 39 contributions 4562 visits
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Hogan Lovells (Munich)
Germany 34 contributions 1460 visits
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Brief summary of facts Claimant brought an action for damages to the Regional Court based on purchases between 2005 and 2010 from the defendant. The defendant was later fined by the German Federal Cartel Office for participation in a cartel concerning the goods at stake. Therefore, claimant (...)

The Italian Supreme Court sheds light on the severance of anticompetitive clauses of a banking personal guarantee contract (De Gregorio / Banca Promos)
Municipality of Cagliari
168 contributions 134099 visits
Introduction Article 2 of the Italian Competition Law no. 287/1990 (ICL), which is equal to Article 101 TFEU, provides that an agreement that restrains competition is void. By its judgment rendered in De Gregorio et al v Banca Promos, the Italian Court of Cassation has considered the reach (...)

The German Regional Court of Frankfurt am Main rules that the German federal courts have jurisdiction to hear a cartel case concerning international undertakings (Schienenkartell)
Hogan Lovells (Munich)
Germany 65 contributions 25473 visits
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Hogan Lovells (Munich)
Germany 39 contributions 4562 visits
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Hogan Lovells (Munich)
Germany 34 contributions 1460 visits
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Brief summary of facts Claimants brought an action for damages against the defendants on the basis of their participation in the rail cartel, which was established by the German Federal Cartel Office in its fining decisions of 3 and 5 July 2012. Until 2011, defendant No. 1 held 50% of the (...)

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 187 visits
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Davies Ward Phillips & Vineberg (Toronto)
Canada 1 contribution 187 visits
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Davies Ward Phillips & Vineberg (Toronto)
Canada 1 contribution 187 visits
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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 Spanish Commercial Court no. 07 of Barcelona rules that a truck manufacturer and its distributor are jointly liable for the damage caused in accordance with the old regime of the Civil Code and the new regime (Trucks Cartel / CNH Industrial)
Clifford Chance (Madrid)
Spain 11 contributions 277 visits
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Pérez-Llorca (Barcelona)
10 contributions 258 visits
Brief summary of facts The claimant argued that, because of the cartel of truck manufacturers, the price paid to the defendant for a truck was higher than it should have been. He calculated that this surplus was 20% of the acquisition price. Brief summary of judgment The action was filed (...)

The Brazilian Court of First Instance in Dom Pedrito dismisses a hospital’s damages claim against a medical cartel because the Competition Authority’s underlying decision against the cartel was declared null and void due to the illegality of the evidence (Santa Casa de Caridade de Dom Pedrito / Medicinal Gases Cartel)
Cescon, Barrieu, Flesch & Barreto (Sao Paulo)
Brazil 6 contributions 141 visits
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Cescon, Barrieu, Flesch & Barreto (Sao Paulo)
Brazil 6 contributions 141 visits
Brief summary of facts Damage claim filed by a hospital based on the Brazilian Competition Authority’s (CADE) condemnatory decision of the so-called "medicinal gases cartel"(resulting in total cartel fines being imposed by CADE of US$ approximately BRL 2.9 billion or US$ 547 million). CADE’s (...)

The EU Court of Justice rules that damage felt by indirect purchasers of products effected by a cartel qualifies as direct damage and accordingly the local jurisdiction is competent to assess follow on damage claims (Tibor-Trans / DAF Trucks)
ICC France (Paris)
France 37 contributions 9474 visits
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Hogan Lovells (Paris)
France 24 contributions 6692 visits
Brief summary of facts In 2016, the Commission found that fifteen trucks manufacturers, including German based DAF Trucks, had colluded to distort competition in the European Economic Area. Tibor-Trans, a Hungarian national and international freight company, had purchased several trucks to (...)

The Shanghai Intellectual Property Court holds that fictitiously increasing the number of views of videos is an act of false propaganda (Feiyi / IQiYi)
Beijing Foreign Studies University
China 1 contribution 259 visits
From the perspective of anti-unfair competition law, Feiyi Company fictitiously increased the video visits of IQiYi’s website by technical means - the first case of inflating traffic on video websites in China. In recent years, the excessive pursuit of traffic in the Internet industry has (...)

The Chilean Competition Court rules that two consumer defence organisations lack standing to claim damages against poultry cartelists because the claim is already being litigated (Conadecus / Fojjuc / Agrosuper / Empresas Aríztía / Agrícola Don Pollo)
Chile Court of Defense of Free Competition
2 contributions 61 visits
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Prieto y Cia
Chile 3 contributions 72 visits
Brief summary of facts On 25 September 2014, the Competition Court ruled in favour of the claim filed by the National Economic Prosecutor’s Office (FNE) against the defendant companies. This judgment was confirmed by the Supreme Court on 29 October 2015, for having colluded by agreeing to (...)

The Finnish District Court of Helsinki highlights the challenges in quantifying the harm caused by anti-competitive conduct due to predatory pricing in the fresh milk market (Osuuskunta Maitomaa / Osuuskunta Maitokolmio / Valio)
Roschier (Helsinki)
Finland 5 contributions 14359 visits
A reality check for quantifying antitrust damages* A recent judgment concerning damages caused by predatory pricing in the Finnish fresh milk market highlighted some of the challenges in quantifying the harm caused by anti-competitive conduct. The follow-on action for damages was based on an (...)

The Higher Regional Court of Dusseldorf rules that there is no factual presumption that a company operating in the same market as a cartel will increase its prices due to the so-called umbrella effect (Schienenkartell III)
Hogan Lovells (Munich)
Germany 65 contributions 25473 visits
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Hogan Lovells (Munich)
Germany 39 contributions 4562 visits
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Hogan Lovells (Munich)
Germany 34 contributions 1460 visits
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Brief summary of facts Claimants brought an action for damages against the defendants on the basis of their participation in the rail cartel, which the German Federal Cartel Office had fined in its decision of 18 July 2013. This claim was partially affirmed by the Regional Court. The appeal (...)

The German Regional Court of Mannheim rules that a subsidiary is not liable for damages arising due to a competition law infringement made by its parent company (Trucks Cartel)
Hogan Lovells (Munich)
Germany 65 contributions 25473 visits
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Hogan Lovells (Munich)
Germany 39 contributions 4562 visits
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Hogan Lovells (Munich)
Germany 34 contributions 1460 visits
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Brief summary of facts Claimant had leased a truck and brought an action for damages against the defendants on the basis of the participation of their parent company in the truck cartel, which the European Commission had established in its decision of 19 July 2016. Brief summary of (...)

The Istanbul Commercial Court awards punitive damages amounting to double of the actual damages suffered by a client as a result of the anticompetitive behaviours of 12 banks (Türkiye Vakıflar Bankası)
Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
Turkey 1 contribution 62 visits
Brief summary of facts In 2013, Türkiye Vakıflar Bankası T.A.O. ("Bank"), together with 11 other banks, were found to have engaged in an anti-competitive agreement to determine the interest rates in certain retail banking services (i.e. deposits, loans and credit cards). The fining decision (...)

The EU Court of Justice holds that the principles applied in order to determine the relevant entities for liability for fines should also be applied to determine the relevant entities liable for damages under private damages claims (Vantaan kaupunki / Skanska)
Herbert Smith Freehills (Brussels)
Belgium 121 contributions 73598 visits
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Herbert Smith Freehills (London)
United Kingdom 60 contributions 21569 visits
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Herbert Smith Freehills (London)
United Kingdom 45 contributions 9504 visits
In a preliminary ruling request made by the Finnish Supreme Court on the question of the relevant entities liable for damages, the Court of Justice of the EU (CJEU) held that principles applied in order to determine the relevant entities for liability for fines under Articles 101 and 102 TFEU (...)

The EU Court of Justice rules that parent companies cannot use corporate restructuring to circumvent their liability for the damages incurred due to a competition law infringement committed by their subsidiaries where the former continues the economic activities during the dissolvency of the latter (Vantaan / Skanska)
Johns Hopkins Medicine (Baltimore)
1 contribution 40 visits
BUYERS BEWARE: EU COMPETITION LAW CONCEPT OF "UNDERTAKING" IS APPLICABLE IN ACTIONS FOR DAMAGES AS WELL* In its preliminary ruling procedure under Article 267 of the Treaty on the Functioning of the European Union (“TFEU”), the Court of Justice of the European Union (“the CJEU”) issued a (...)

The EU Court of Justice expands cartel damages liability for corporate parents and successors (Vantaan Kaupunki / Skanska Industrial Solutions)
Jones Day (Brussels)
Belgium 28 contributions 8773 visits
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Jones Day (Brussels)
Belgium 21 contributions 9814 visits
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Jones Day (Brussels)
Belgium 6 contributions 2780 visits
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In Short The Development: The European Court of Justice ("ECJ") ruled that parent companies and economic successors can be held liable for damages caused by a (...)

The EU Court of Justice confirms that corporate restructuring will not vitiate a follow on damage claims arising as a result of a cartel, clarifying that the notion of an undertaking goes beyond the concept of a legal personality (City of Vantaa / Skanska Industrial Solutions / NCC Industry / Asfaltmix)
ICC France (Paris)
France 37 contributions 9474 visits
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Hogan Lovells (Paris)
France 24 contributions 6692 visits
Brief summary of facts In 2004, the Finish Competition Authority found that several companies had participated in a cartel relating to asphalt in Finland between 1994 and 2002. It proposed fines which were ultimately adopted by the Finish Supreme Administrative Court in 2009. In the (...)

The EU Court of Justice rules that the concept of undertaking and the principle of economic continuity apply in private enforcement cases as in public enforcement proceedings (Vantaan kaupunki / Skanska Industrial Solutions)
Hogan Lovells (Munich)
Germany 39 contributions 4562 visits
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Hogan Lovells (Munich)
Germany 34 contributions 1460 visits
Introduction The European Court of Justice (“ECJ”) issued a landmark decision on 14 March 2019 concerning the application of the concept of “undertaking” and the principle of economic continuity to cartel damages claims. The ECJ ruled in its Skanska judgement that the broad interpretation of (...)

The EU Court of Justice hands down a judgement in which it ensures that victims of competition law breaches get compensation in the context of an asphalt cartel (Vantaan Kaupunki / Skanska Industrial Solutions)
Hausfeld (London)
United Kingdom 20 contributions 5342 visits
On 14 March 2019, the Court of Justice of the European Union (“CJEU”) handed down an important judgment for victims of competition law infringements: ensuring that their fundamental right to compensation for losses caused by such infringements cannot be circumvented by the sale or dissolution (...)

The EU Court of Justice confirms the application of the principle of economic continuity in private enforcement of a cartel case (Vantaan kaupunki / Skanska Industrial Solutions)
Sérvulo (Lisbon)
Portugal 2 contributions 743 visits
The Principle Of Economic Continuity’s Application On Private Enforcement: Case 724/17 Skanska* With two major decisions, March 2019 was an interesting month with regard to the ECJ’s case-law on the private enforcement of competition law: Skanska and Cogeco. This post will comment on the (...)

The EU Court of Justice clarifies, in a preliminary ruling concerning an asphalt cartel, who is liable to pay compensation in a damages action arising from article 101 TFEU (Vantaan Kaupunki / Skanska Industrial Solutions)
Lavoielegal (Brussels)
Belgium 1 contribution 275 visits
Court of Justice ruling in Skanska: EU competition law concept of ‘undertakings’ and principle of economic continuity to the rescue in civil damages claims* In its preliminary ruling in Skanska Industrial Solutions and Others, the Court of Justice has ruled on the fundamental question of who (...)

The EU Court of Justice extends the concept of economic continuity to claims for damages so that entities which have violated competition are subject to sanctions (Vantaan Kaupunki / Skanska Industrial Solutions)
Portolano Cavallo (Milan)
Italy 63 contributions 10268 visits
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Portolano Cavallo (Milan)
Italy 6 contributions 676 visits
On March 14, 2019, the Court of Justice of the European Union (CJEU) delivered a landmark judgment in a preliminary referral from the Korkein Oikeus (the Finnish Supreme Court), addressing several pillars of EU competition law (case C-724/17, Vantaa v. Skanska Industrial Solutions and others). (...)

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)
United States 2 contributions 234 visits
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Constantine Cannon (New York)
United States 3 contributions 731 visits
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 Spanish Commercial Court of Barcelona considers that the coordination between the truck manufacturers has an impact on the price of trucks and causes damages to the claimant (Man Vehículos Industriales)
University of Barcelona
Spain 5 contributions 135 visits
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DWF-RCD (Barcelona)
4 contributions 97 visits
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J. Almoguera Abogados (Madrid)
3 contributions 73 visits
Brief summary of facts The European Commission sanctioned a European trucks cartel in 2016. According to the relevant decision of the European Commission, the defendant infringed Articles 101 TFEU and 53 EEA in the market for medium and heavy trucks. The claimant claimed for the damages (...)

The EU General Court awards damages to an envelope producer due to the EU Commission’s failure to include default interest when repaying an annulled cartel fine (Printeos)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 47336 visits
On 12 February 2019, the EU General Court (“GC”) awarded € 184,592.95 in damages to envelopes producer Printeos in view of the European Commission’s failure to pay default interest when repaying a cartel fine which had previously been annulled by the GC. In 2014, following a settlement (...)

The Dutch Court of Appeal dismisses claimant’s appeal in follow-on cartel damages claim in relation to the elevators and escalators cartel (East West Debt)
Jones Day (Amsterdam)
Netherlands 2 contributions 190 visits
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Greenberg Traurig (Amsterdam)
Netherlands 9 contributions 6138 visits
Introduction In 2007, the EC imposed fines on several international elevators and escalators (hereafter: “lift”) companies for a violation of Article 81 of the EC Treaty (now Article 101 TFEU). Following the EC decision, follow-on claims have been launched in both Belgium and in the (...)

The Dutch Court of Appeal Arnhem-Leeuwarden rules that a claim vehicle failed to prove a causal link between the alleged cartel in the elevator sector and the alleged damage to the assignees (East West Debt / United Technologie Corporaton / Schindler / ThyssenKrupp / Kone / Mitsubishi)
Jones Day (Amsterdam)
Netherlands 11 contributions 289 visits
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Jones Day (Amsterdam)
Netherlands 11 contributions 289 visits
Brief summary of facts In its Decision of 21 February 2007, the European Commission found manufacturers of elevators and escalators infringed the cartel prohibition. EWD claimed that the material claimants / purchasers of (services related to) escalators and elevators - which allegedly (...)

The German Higher Regional Court of Dusseldorf finds that defendants in a private enforcement action are liable for damages against participants in a rail cartel (Rail Cartel)
Hogan Lovells (Munich)
Germany 65 contributions 25473 visits
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Hogan Lovells (Munich)
Germany 39 contributions 4562 visits
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Hogan Lovells (Munich)
Germany 34 contributions 1460 visits
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Brief summary of facts A regional railroad operator brought an action for damages against several producers of railway track materials. The defendants participated in the rail cartel and had previously been fined by the German Federal Cartel Office in its decision of 18 July 2013. Brief (...)

The Spanish Commercial Court of Barcelona rules that the liability of the parent company does not transfer to the defendant subsidiary (Sumal / Mercedes-Benz Trucks)
Clifford Chance (Madrid)
Spain 11 contributions 277 visits
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Pérez-Llorca (Barcelona)
10 contributions 258 visits
Brief summary of facts The European Commission sanctioned a European trucks cartel in 2016. The claimant, an indirect customer, argued that, because of the cartel of truck manufacturers, the price paid to the distributor company Stern Motor SL for two trucks of the Daimler Group was higher (...)

The German Federal Court of Justice rejects the argument that a customer of a cartel member may have been contributorily negligent if one of their employees was aware of the anticompetitive agreements (Rail Cartel)
Hogan Lovells (Munich)
Germany 65 contributions 25473 visits
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Hogan Lovells (Munich)
Germany 39 contributions 4562 visits
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Hogan Lovells (Munich)
Germany 34 contributions 1460 visits
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Brief summary of facts A regional railroad operator brought an action for damages against the defendant, a producer of railway track materials, on the basis of its participation in the rail cartel (Schienenfreunde-Kartell -"Friends of railroads"-cartel), which was established by the Germany (...)

The German Federal Court of Justice decides that in a quota-fixing and customer-assigning cartel, the prerequisites for prima facie evidence to establish whether the cartel has inflicted damage and whether it has affected individual orders are not fulfilled (Rail cartel)
Noerr (Berlin)
Germany 1 contribution 158 visits
German Federal Court of Justice: no double prima facie evidence in cartel damages litigation* In a landmark ruling dated 11 December 2018 (KZR 26/17 – “rail cartel”), the German Federal Court of Justice decided that, in a quota-fixing and customer-assigning cartel, the prerequisites for (...)

The US District Court for the Southern District of Florida receives an antitrust claim against Bitcoin companies concerning alleged coordination to restrain trade (United American Corp / Bitmain)
Mondelez International (New Jersey)
United States 2 contributions 558 visits
The First Blockchain Antitrust Case. Or Is It?* Legal professionals paying close attention to the still nascent world of blockchains and cyptocurrencies are following what is considered to be the first antitrust case involving cryptocurrencies. For enthusiasts, United American Corp. v. (...)

The German Federal Court of Justice confirms that Regional Court of Mannheim is competent to hear a damages claim against participants in a cartel in the sugar market (Sugar Cartel)
Hogan Lovells (Munich)
Germany 65 contributions 25473 visits
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Hogan Lovells (Munich)
Germany 39 contributions 4562 visits
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Hogan Lovells (Munich)
Germany 34 contributions 1460 visits
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Brief summary of facts The German Federal Cartel Office has imposed fines against the defendants which have become final. After the third defendant argued that there is no jurisdiction of the Regional Court of Mannheim, claimant applied to the Higher Regional Court for the competent court to (...)

The England & Wales High Court delivers its first follow-on cartel damages case judgment in the electricity interconnected cable market (BritNed / ABB)
Freshfields Bruckhaus Deringer (London)
United Kingdom 1 contribution 135 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 1 contribution 135 visits
The High Court has delivered its decision in the claim brought by BritNed Development Limited (BritNed) against ABB AB and ABB Ltd (together ABB). The case is significant as it is the first cartel damages claim to reach final judgment in the English courts. BritNed alleged that it suffered (...)

The England & Wales High Court rejects econometrics analysis in a cartel damages case for being too complex (BritNed / ABB)
University of Buckingham
United Kingdom 4 contributions 2032 visits
BritNed Development Ltd v. ABB AB and ABB Ltd [2018] EWHC 2616 (Ch). (“BritNed”) is the first English cartel damage judgment and the first to consider an econometric approach to calculating overcharges. The court rejected the claimant’s econometric analysis as ‘too complex’ and “unspecific”. (...)

The England & Wales High Court rejects methodology for estimating overcharges on cables based on economic evidence (BritNed / ABB)
The Brattle Group (London)
United Kingdom 2 contributions 697 visits
ABSTRACT In the first cartel overcharge claim brought in the English High Court, the claimant’s methodology for estimating ABB overcharges on the BritNed cable was comprehensively rejected. The Court concluded that the claimant’s econometric analysis was insufficiently grounded in facts and (...)

The Spanish Commercial Court in Murcia rules that even where it is established the defendant infringed competition law, the claimant must bring evidence of the damage suffered (Explotaciones Agrícolas BasolCase / Volvo Group España)
University of Barcelona
Spain 5 contributions 135 visits
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DWF-RCD (Barcelona)
4 contributions 97 visits
Brief summary of facts The claimant argued that, because of the cartel of truck manufacturers, sanctioned by the European Commission in 2016, the price paid to the defendant for a truck was higher than it should have been. Brief summary of judgment Even if the defendant has infringed (...)

The Dutch District Court of Rotterdam rules that a producer of bitumen, a material used in the construction of roads, is jointly and severally liable for cartel participation and that the alleged infringement is not time-barred (Van Gelder / Shell / Kuwait)
Jones Day (Amsterdam)
Netherlands 11 contributions 289 visits
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Jones Day (Amsterdam)
Netherlands 11 contributions 289 visits
Brief summary of facts In its Decision of 13 September 2006, the European Commission found that 8 suppliers of road construction bitumen and 6 main road manufacturers infringed the cartel prohibition. Van Gelder claimed that they suffered damage as a result of the cartel because they were (...)

The German Higher Regional Court of Dusseldorf holds that decision of the Competition Authority are binding in regard to the legal and factual grounds, as well as in the executive element (Verkürzter Versorgungsweg)
Hogan Lovells (Munich)
Germany 65 contributions 25473 visits
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Hogan Lovells (Munich)
Germany 39 contributions 4562 visits
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Hogan Lovells (Munich)
Germany 34 contributions 1460 visits
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Brief summary of facts Claimant brought an action for damages against the defendant based on a fining decision of the German Federal Cartel Office regarding the defendant’s practice to induce health insurance funds not to conclude contracts under the so-called shortened care path. The (...)

The Commercial Courts of Barcelona and Madrid render judgments in follow-on suits against a cartel in the envelopes market (Planeta / Misiones Salesianas / Bankoa...)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47035 visits
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Callol, Coca & Asociados (Madrid)
Spain 65 contributions 22255 visits
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Latham & Watkins (Brussels)
Belgium 24 contributions 3347 visits
Update on damages claims in Spain - paper envelope cartel damages recovery. Several rulings have been issued by Spanish lower courts shedding light on key aspects of antitrust damages claims, such as the treatment of evidence concerning the calculation of compensation for damages. Also the (...)

The Spanish Commercial Court of Barcelona declares that an envelope cartel caused damage to claimants by charging increased prices (Mutua Madrileña Automovilista / Sociedad de Seguros A Prima Fija / Tompla Industria Internacional del Sobre / Tompla Sobre Expres / Printeos / Maespa Manipulados...)
Clifford Chance (Madrid)
Spain 11 contributions 277 visits
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Pérez-Llorca (Barcelona)
10 contributions 258 visits
Brief summary of facts Several producers and distributors of envelopes were fined by the Spanish competition authority for price fixing and customer allocation. The claimant has been Adveo and Tompla’s client for 5 years. It claims the overprice paid as a consequence of the infringement. (...)

The Spanish Commercial Court of Barcelona rules that an envelope cartel caused damage to the claimant (CIFDSA / Antalis Internacional / Envel Europa / Tompla Industria Internacional del Sobre / Tompla Sobre Expres / Printeos...)
Clifford Chance (Madrid)
Spain 11 contributions 277 visits
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Pérez-Llorca (Barcelona)
10 contributions 258 visits
Brief summary of facts Several producers and distributors of envelopes were fined by the Spanish competition authority for price fixing and customer allocation. The claimant has been Envel and Tompla’s client between 2002 and 2010. It claims that the overprice paid was a consequence of the (...)

The Spanish Commercial Court of Barcelona determines that damage was caused to the claimant in a case against cartelists operating in the market for envelope manufacturing (Misiones Salesianas / Antalis Internacional / Envel Europa / Tompla Industria Internacional del Sobre / Tompla Sobre Expres / Printeos...)
Clifford Chance (Madrid)
Spain 11 contributions 277 visits
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Pérez-Llorca (Barcelona)
10 contributions 258 visits
Brief summary of facts Several producers and distributors of envelopes were fined by the Spanish competition authority for price fixing and customer allocation. The claimant has been Envel and Group Tompla’s client between 1987 and 2009. It claims that the overprice paid was a consequence of (...)

The German Regional Court of Nürnberg-Fürth rules that companies exchanging rough information about forthcoming price increases or sales developments without any concrete product references does not lead to a presumption of harm (HEMA)
Hogan Lovells (Munich)
Germany 65 contributions 25473 visits
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Hogan Lovells (Munich)
Germany 39 contributions 4562 visits
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Hogan Lovells (Munich)
Germany 34 contributions 1460 visits
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Brief summary of facts The defendants were addressees of the German Federal Cartel Office’s fining decision for participating in the so-called "Hema Vertriebskreis" cartel, in which they had informed each other about negotiations on conditions with food retailers. Claimant stated that its (...)

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)
United Kingdom 28 contributions 789 visits
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 Spanish Commercial Court of Barcelona rules that an envelope cartel harmed a claimant (Cortefiel / Antalis / Envel / Tompla / Adveo)
Clifford Chance (Madrid)
Spain 11 contributions 277 visits
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Pérez-Llorca (Barcelona)
10 contributions 258 visits
Brief summary of facts Several producers and distributors of envelopes were fined by the Spanish competition authority for price fixing and customer allocation. The claimant claimed for damages (payment of surcharges) resulting from the infringement. Brief summary of judgment The court (...)

The EU Court of Justice confirms that a claimant in a follow on damages claim from an abuse of dominance infringement may litigate in the jurisdiction of the causal event of the harm or where the harm materialised (flyLAL / ŽIA Valda / VA Reals / Air Baltic / Riga Airport)
ICC France (Paris)
France 37 contributions 9474 visits
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Hogan Lovells (Paris)
France 24 contributions 6692 visits
Brief summary of facts In 2006, the Latvian Competition Council found that Riga Airport had abused of its dominant position by applying discriminatory discounts to the benefit of two airlines, including Latvian Air Baltic. flyLAL was a Lithuanian airline which faced fierce competition from (...)

The German Higher Regional Court of Munich confirms that claims for damages over six procurement transactions are meritorious (Weichenkartell)
Hogan Lovells (Munich)
Germany 65 contributions 25473 visits
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Hogan Lovells (Munich)
Germany 39 contributions 4562 visits
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Hogan Lovells (Munich)
Germany 34 contributions 1460 visits
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Brief summary of facts Although the German Federal Cartel Office’s fining decision on the rail cartel was not issued against the defendant, a later fining decision was issued in 2016, which is not yet final. The claimant brought an action for damages due to increased prices due to the (...)

The German Higher Regional Court of Berlin rules that a claim for a declaratory judgment is admissible if the claimant is not yet able to reasonably estimate the extent of the cartel and its impact on their procurements (Rail Cartel)
Hogan Lovells (Munich)
Germany 65 contributions 25473 visits
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Hogan Lovells (Munich)
Germany 39 contributions 4562 visits
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Hogan Lovells (Munich)
Germany 34 contributions 1460 visits
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Brief summary of facts Claimant bought railway track materials from one of the defendants in 2002 and 2003. The procurement contracts contained additional conditions which provided for a flat-rate damages compensation of 5% of the value of the contracts, with the reservation of higher (...)

The German Regional Court of Dortmund finds the defendants fully liable for damages resulting from the claimant’s purchase of trucks and that there is no passing on of those damages (Trucks Cartel)
Hogan Lovells (Munich)
Germany 65 contributions 25473 visits
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Hogan Lovells (Munich)
Germany 39 contributions 4562 visits
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Hogan Lovells (Munich)
Germany 34 contributions 1460 visits
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Brief summary of facts Claimant is a transport and logistics company that bought two trucks in 2010. It brought an action for damages against the defendants on the basis of their participation in the truck cartel, which was established by the European Commission in its decision of 19 July (...)

The Alberta Court of Queen’s Bench (Canada) rules in a private claim regarding a joint venture agreement between two purchasers of chemicals products (Dow Chemical Canada / Nova Chemicals Corporation)
Steve Szentesi Law Professional Corporation
France 55 contributions 14609 visits
Alberta Court of Queen* In a recent decision handed down by the Alberta Court of Queen’s Bench, in Dow Chemical Canada ULC v. NOVA Chemicals Corporation, 2018 ABQB 482 (“Dow Chemical”), the Court established both new law and confirmed earlier case law under sections 45 and 90.1 of the (...)

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)
United States 3 contributions 748 visits
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Dechert (Philadelphia)
United States 3 contributions 734 visits
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 German Federal Court of Justice declares that the Competition Authority’s decision is binding and that the defendants are liable for damages (Grey Cement Cartel)
Hogan Lovells (Munich)
Germany 65 contributions 25473 visits
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Hogan Lovells (Munich)
Germany 39 contributions 4562 visits
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Hogan Lovells (Munich)
Germany 34 contributions 1460 visits
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Brief summary of facts Claimant purchased grey cement from the defendant, two intervening parties and another entity between 1992 and 2002 for a total of EUR 10.67 million. In April 2003 the German Federal Cartel Office fined the defendant and other producers of cement for territorial and (...)

The German Federal Court of Justice grants a claim for damages relating to a cement cartel by extending the time period in which limitation rules can be suspended (Cement Cartel)
McDermott Will & Emery (Brussels)
Belgium 43 contributions 7976 visits
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McDermott Will & Emery (Paris)
France 136 contributions 68322 visits
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 7413 visits
This landmark judgment of the German Federal Court of Justice concerns an action for damages relating to the German cement cartel. However, the judgment has much wider implications and is relevant for damage claims relating to other cartel infringements. The Federal Court extended the (...)

The German Federal Court of Justice rules on the statute of limitations for cartel damages claims (Cement Cartel)
Hausfeld (Berlin)
Germany 11 contributions 3108 visits
In a landmark ruling today, the Federal Court of Justice (“FCJ”) ruled on the statute of limitations for cartel damages claims. Since July 2005, the German Act against Restraints provides that the statute of limitations for damages claims is suspended pending an investigation by competition (...)

The German Supreme Court rules that statute of limitations is tolled for cartel damages claims that arose before July 2005 (Cement Cartel II)
Hausfeld (Düsseldorf)
Germany 1 contribution 60 visits
Introduction: The tolling of the statute of limitations for cartel damages claims. According to former Section 33 Para. 5 of the German Act against Restraints of Competition (hereinafter Section 33(5)) the statute of limitations with respect to private cartel damages claims is tolled if a (...)

The German Federal Court clarifies controversial judgments around the statute of limitations for cartel damages claims (Cement Cartel)
Hogan Lovells (Munich)
Germany 65 contributions 25473 visits
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Hogan Lovells (Munich)
Germany 39 contributions 4562 visits
I. Introduction On 12 June 2018, the German Federal Court of Justice (Bundesgerichtshof, BGH) passed its long-awaited landmark decision in KZR 56/16 (Grauzementkartell II). The BGH held that Sec. 33 (5) of the German Act against Restraints of Competition (ARC) (today Sec. 33h (6) ARC), which (...)

The Spanish Commercial Court of Madrid dismisses an action for damages against participants in an envelope cartel on the grounds that the claimant did not adequately prove damage (Obras Misioneras Pontificias / Envel Europa / Tompla Industria Internacional del Sobre / Tompla Sobre Expres / Printeos / Hispapel / Maespa Manipulados...)
Clifford Chance (Madrid)
Spain 11 contributions 277 visits
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Pérez-Llorca (Barcelona)
10 contributions 258 visits
Brief summary of facts Several producers and distributors of envelopes were fined by the Spanish competition authority for price fixing and customer allocation. The claimant has been a client of the cartel from 1999 to 2010. It claims that the overprice paid was a consequence of the (...)

The Commercial Court of Barcelona renders judgment in a follow-on suit against a cartel in the envelopes market (Bankoa / Envel / Printeos...)
Clifford Chance (Madrid)
Spain 11 contributions 277 visits
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Pérez-Llorca (Barcelona)
10 contributions 258 visits
Brief summary of facts Several producers and distributors of envelopes were fined by the Spanish competition authority for price fixing and customer allocation. The claimant claims the damages caused as a consequence of the competition infringement sanctioned by the CNMC. Brief summary of (...)

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)
United Kingdom 28 contributions 789 visits
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 EU Court of Justice AG Campos Sánchez-Bordona suggests interpretation concerning the limitations of the contracting authority’s ability to demand full and unrestricted cooperation from undertakings seeking to reassure them that they have self-cleaned after participating in collusive practices in public markets (Vossloh Laeis / Stadtwerke München)
University of Bristol - Law School
United Kingdom 92 contributions 25634 visits
BID RIGGING, SELF-CLEANING, LENIENCY AND CLAIMS FOR DAMAGES: A BEAUTIFUL PROCUREMENT MESS? (C-124/17)* In his Opinion of 16 May 2018 in Vossloh Laeis, C-124/17, EU:C:2018:316 (not available in English), Advocate General Campos Sánchez-Bordona has offered an interesting view on the (...)

The EU Court of Justice AG Sañchez-Bordona issues opinion on the Member States’ ability to exclude from government tenders companies with a record of past illegality (Vossloh Laeis / Stadtwerke München)
Matheson (Dublin)
Ireland 13 contributions 1448 visits
On 16 May 2018, Advocate General Sañchez-Bordona of the Court of Justice of the European Union opined on the ability of Member States to take a harsh stance on the exclusion from Government tenders of companies with a record of past illegality, such as cartel behaviour or bid-rigging. While (...)

The Spanish Commercial Court of Madrid holds that the Competition Authority’s decision is sufficient to prove the damages suffered by the claimant in a private enforcement action (Cámara Oficial de Comercio / Antalis / Envel)
University of Barcelona
Spain 5 contributions 135 visits
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DWF-RCD (Barcelona)
4 contributions 97 visits
Brief summary of facts Several producers and distributors of envelopes were fined by the Spanish competition authority for price fixing and customer allocation. The claimant claimed for damages (payment of surcharges) resulting from the infringement. Brief summary of judgment The (...)

The Belgian Supreme Court dismisses an appeal against an interim judgment of the Brussels Court of Appeal (Kone / Otis / Schindler / ThyssenKrupp)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 47336 visits
On 22 March 2018, the Belgian Supreme Court (the “Supreme Court”) dismissed an appeal against an interim judgment of the Brussels Court of Appeal (the “Court of Appeal”) on the damages claim introduced by the European Commission (the “Commission”). This claim arose following the Commission’s (...)

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)
United States 13 contributions 2847 visits
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 grants an application by the claimant in a damages action in the automobile industry for disclosure of licensing arrangements made by the defendant (Peugeot / NSK)
2 contributions 257 visits
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Matheson (Dublin)
Ireland 6 contributions 1363 visits
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. CAT Rules on Disclosure in Peugeot S.A. and others v NSK Ltd and others* The CAT’s specific disclosure ruling addresses the use of licensing to support (...)

The England & Wales Court of Appeal adopts a ruling allowing plaintiffs in cartel damages actions to advance claims based on overcharges incurred outside of the EU (Iiyama)
Dentons (Brussels)
United States 3 contributions 2191 visits
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Levi Strauss (Brussels)
France 2 contributions 1526 visits
On February 16, 2018, the UK Court of Appeal adopted its much awaited ruling in the iiyama case. Taking stock of the Court of Justice (CoJ) ruling in Intel last year, the Court of Appeal allows plaintiffs in civil cartel damages actions to advance claims based on overcharges incurred by their (...)

The England & Wales Court of Appeal provides guidance on the extraterritorial scope of EU law in a cartel case (Iiyama)
Hausfeld (London)
United Kingdom 20 contributions 5342 visits
Although cartels with a global reach are increasingly common, recent decisions from courts in both the United States and United Kingdom have narrowly interpreted the territorial scope of antitrust laws in both jurisdictions. In the United States, the Seventh Circuit held in Motorola Mobility (...)

The England & Wales Court of Appeal delivers a ruling which allows the plaintiffs of a cartel damages action to advance their claim on overcharges incurred outside of the EU (Iiyama)
Osborne Clarke (London)
United Kingdom 28 contributions 789 visits
Brief summary of facts In 2011 and 2012, the European Commission delivered infringement decisions against several companies for participation in worldwide cathode ray tube and specialist glass cartels. [1] Most addressees of these decisions appealed, and these appeals were largely dismissed (...)

The US Court of Appeals for the Third Circuit affirms that a food manufacturer is in a direct purchaser relationship and can claim damages for anticompetitive practices from an egg producer’s third party supplier
Hogan Lovells (Washington)
United States 9 contributions 1060 visits
Brief summary of facts Claimant food manufacturers alleged that defendant egg producers conspired to reduce the population of egg-laying hens, resulting in supracompetitive pricing in the market for shell eggs and egg products. Defendants argued that a portion of the total amount of egg (...)

The EU Commission publishes a report on the implementation of collective redress mechanisms in EU Member States
Court of First Instance of Namur (Namur)
Belgium 224 contributions 47336 visits
On 26 January 2018, the European Commission (the “Commission”) published a report on the implementation of collective redress mechanisms in EU Member States (the “Report”). The Report is the Commission’s opportunity to comprehensively review the implementation of its 2013 Recommendation on (...)

The US Court of Appeals for the Third Circuit issues a decision holding that purchasers have standing to seek damages from suppliers accused of price-fixing (Processed Egg Products)
Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 17 contributions 2977 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 9 contributions 2830 visits
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Moses & Singer LLP (New York)
6 contributions 1984 visits
Last week, in In re: Processed Egg Products Antitrust Litigation, the U.S. Court of Appeals for the Third Circuit issued a decision holding that purchasers of processed egg products have standing to seek damages from egg suppliers accused of price-fixing in violation of Section 1 of the (...)

The German Higher Regional Court of Düsseldorf holds that a paralympic organisation abused its dominance position under the German law by denying an athlete access to the Paralympic Games (International Paralympics Committee)
Hogan Lovells (Munich)
Germany 3 contributions 1456 visits
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Hogan Lovells (Munich)
Germany 2 contributions 237 visits
1. Introduction In its decision of 20 January 2022, the Higher Regional Court of Düsseldorf (the “Court”) dealt with a case of a professional female snowboarder who sought admission to the 2022 Paralympic Games in Beijing. This admission had previously been denied by the later defendant, (...)

Unilateral Practices

 The UK Competition Appeal Tribunal receives a class action claim for £7B in damages against an online search giant for allegedly exploiting its market dominance to charge higher prices (Google / Nikki Stopford)
Hausfeld (London)
United Kingdom 7 contributions 2095 visits
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Hausfeld (London)
United Kingdom 1 contribution 158 visits
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Hausfeld (London)
United Kingdom 7 contributions 1765 visits
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A collective claim against Google was filed in the Competition Appeal Tribunal (CAT) arguing that the business has used its search engine dominance to shut out competition in mobile search. It is alleged that Google uses its market dominance to raise the prices paid by advertisers for (...)

The Chinese Intellectual Property Court of Guangzhou asserts jurisdiction over an abuse of market dominance suit filed against an e-commerce giant (Mengbian Company / Amazon Europe)
YuandaWinston (Shanghai)
China 2 contributions 404 visits
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Winston & Strawn (Chicago)
United States 1 contribution 93 visits
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Winston & Strawn (Los Angeles)
United States 1 contribution 93 visits
Chinese E-Commerce Company Sues Amazon Europe Under China’s Anti-Monopoly Law* On August 22, 2023, the Guangzhou Intellectual Property Court announced that it has accepted a case brought by Mengbian, a Chinese e-commerce firm that operates an online store on the Amazon marketplace, against (...)

The UK Competition Appeal Tribunal set to hear the first environmental class action claim brought under the domestic collective action regime against a water company (Severn Trent Water)
Baker McKenzie (London)
United States 3 contributions 501 visits
A claim against one of the UK’s largest water companies for allegedly misleading regulators about the number of times it discharged sewage into waterways has been brought in the Competition Appeal Tribunal (CAT) on behalf of the company’s eight million customers. It is the first time the “opt (...)

The Dutch District Court of Amsterdam accepts jurisdiction to adjudicate a damages claim against a Big Tech company fined by the EU Commission for abuse of dominance (Google Shopping)
Stek (Amsterdam)
Netherlands 1 contribution 96 visits
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Stek (Amsterdam)
Netherlands 1 contribution 96 visits
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Stek (Amsterdam)
Netherlands 1 contribution 96 visits
Jurisdictional Ruling against Google Confirms Sumal’s Liability Test: Setting a Precedent?* In a recent judgment of 31 May 2023, the Amsterdam District Court (the District Court) accepted jurisdiction to adjudicate a damages case against Google Netherlands B.V. (located in Amsterdam) as well (...)

The US DOJ along with 8 State Attorneys General file an antitrust action alleging the monopolisation of advertising technology markets in the so-called "rocket docket" (Google)
Baker Botts (Washington)
United States 1 contribution 20 visits
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Baker Botts (Washington)
United States 1 contribution 20 visits
The Department of Justice’s choice of venue in U.S. v. Google, an antitrust action alleging monopolization of advertising technology markets, grabbed the attention of the antitrust bar earlier this year. On January 24, 2023, the United States and a coalition of eight states filed their (...)

The US DoJ and 8 State Attorneys General sue a Big Tech company for monopolizing digital advertising technologies, and for the first time in decades seek damages for a civil antitrust violation (Google)
US Department of Justice (Washington)
United States 180 contributions 79219 visits
Justice Department Sues Google for Monopolizing Digital Advertising Technologies* Through Serial Acquisitions and Anticompetitive Auction Manipulation, Google Subverted Competition in Internet Advertising Technologies Today, the Justice Department, along with the Attorneys General of (...)

The Chinese Supreme People’s Court issues a ruling on resale price maintenance in the automobile retail sector which is likely to prompt more follow-on antitrust litigation (Miao Chong / SAIC-GM)
Jones Day (Shanghai)
China 51 contributions 24065 visits
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Jones Day (Beijing)
China 13 contributions 2664 visits
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Jones Day (Beijing)
China 44 contributions 21046 visits
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In Short The Development: China’s Supreme People’s Court recently ruled for the plaintiff in Miao Chong v. SAIC-GM, which marked a rare triumph for a plaintiff in antitrust litigation as a follow-on to an administrative penalty decision. The plaintiff-consumer alleged that a joint venture (...)

The Brazilian Government enacts the Private Enforcement Package Regulations to boost antitrust damages actions
Magalhães e Dias (São Paulo)
Brazil 2 contributions 731 visits
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Magalhães e Dias (São Paulo)
Brazil 1 contribution 78 visits
Last November, on the 10th anniversary of the Brazilian Competition Act (Law No. 12,529/2012, or BCA), a long-expected regulation aiming at incentivizing actions for antitrust damages was enacted in Brazil (the so-called “Brazilian Private Enforcement Package” – BPEP, or Law No. 14,470/2022). (...)

The EU Court of Justice rules that national courts may hear claims under Article 102 TFEU for excessive railway infrastructure fees only after the sector regulator has ruled on the fees’ lawfulness (DB Station)
Van Bael & Bellis (Brussels)
Belgium 34 contributions 8117 visits
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Van Bael & Bellis (Brussels)
Belgium 61 contributions 15196 visits
On 27 October 2022, the European Court of Justice (“ECJ”) handed down a ruling on the permissibility of private damages claims for excessive railway infrastructure fees under Article 102 TFEU. The ECJ found that a national court is precluded from awarding damages for excessive fees until the (...)

The Polish Competition Authority fines a telecoms company for charging excessive costs for agreement termination (UPC Polska)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22514 visits
UPC Polska fined for excessive costs of agreement termination - decision of President of UOKiK* UPC’s customers had to pay more for termination of agreement concluded for a definite period than they would have to pay for its continuation. Tomasz Chróstny, President of the Office of Competition (...)

The 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)
Israel 9 contributions 2793 visits
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Barnea Jaffa Lande (Tel Aviv)
Israel 2 contributions 48 visits
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Barnea Jaffa Lande (Tel Aviv)
Israel 1 contribution 48 visits
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 Amsterdam Court of Appeal rules that two Dutch collective rights organisations abused their joint dominant position by applying unequal conditions when licensing music to cafés and restaurants (Buma / Stemra)
Maverick Advocaten (Amsterdam)
Netherlands 2 contributions 157 visits
The Amsterdam Court of Appeal has ruled that Buma/Stemra has abused its dominant position in relation to suppliers of music for cafés and restaurants. Buma/Stemra applied unequal conditions to streaming services and failed to take measures to remove that inequality. Buma/Stemra was ordered to (...)

The Paris Court of Appeal rejects a damage claim based on an abuse of dominant position without definition of the relevant market (Schneider Electric)
LPA-CGR Avocats (Paris)
France 3 contributions 732 visits
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LPA-CGR Avocats (Paris)
France 2 contributions 111 visits
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LPA-CGR avocats
France 2 contributions 111 visits
In a decision dated March 9, 2022 (No. 19/19747), the Paris Court of Appeal ruled on a competition damage claim action for abuse of dominant position brought against Schneider Electric France and Schneider Electric SA by a company specializing in the installation, maintenance and repair of all (...)

The UK Competition Authority grants a claim for damages against a railway company (Achilles / Network Rail Infrastructure)
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 5 contributions 3233 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 27 contributions 8812 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 13 contributions 3479 visits
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The Competition Appeal Tribunal (CAT) has granted a claim for damages by Achilles Information Limited (“Achilles”) against Network Rail Infrastructure Limited (“Network Rail”). The Judgment is the CAT’s first damages award arising from a standalone claim since 2016, and follows the CAT’s (...)

The Larnaca District Court issues an award of €257K to a grain distributor and retailer as compensation for suffering from predatory pricing (AGS Agrotrading / Cyprus Grain Commission)
Harris Kyriakides (Cyprus)
Cyprus 2 contributions 838 visits
Cyprus Courts issue their first judgment awarding civil law damages for breach of competition laws. In the first decision issued by the Cyprus Courts on damages to a corporation as a result of infringement of competition laws, the Larnaca District Court awarded on 9 February 2022 the total (...)

The EU General Court awards €1.8M compensation in favour of a German telecommunications company against the EU Commission for failure to repay default interest from wrongful assessment of abuse of dominant position in the Slovak market for broadband (Deutsche Telekom)
General Court of the European Union (Luxembourg)
Luxembourg 64 contributions 32490 visits
The General Court awards Deutsche Telekom compensation in the amount of approximately € 1.8 million for the harm which it suffered as a result of the European Commission’s refusal to pay it default interest on the amount of the fine which it had unduly paid for an infringement of competition (...)

The Spanish Commercial Court of Madrid finds that the national football federation has abused its dominant position by implementing an unfair tendering procedure and orders the organisation to pay damages (Royal Spanish Football Federation / Mediapro)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47035 visits
The Judgment has found the RFEF liable for abusive conduct contrary to Articles 102 TFEU and 2 of the Spanish Competition Act. The Court further ordered the RFEF to pay compensation for damages. By way of background, Mediapro had filed a lawsuit before the Court against RFEF arguing a breach (...)

The US FTC orders multiple pharmaceutical companies to provide up to $40M in damages for monopolizing the drug "Daraprim" and bans their executives from working in the sector (Vyera Pharmaceuticals / Martin Shkreli / Kevin Mulleady)
US Federal Trade Commission (FTC) (Washington)
United States 179 contributions 42842 visits
FTC, States to Recoup Millions in Relief for Victims Fleeced by ‘Pharma Bro’ Scheme to Illegally Monopolize Life-Saving Drug Daraprim* ’Pharma Bro’ Associate Mulleady banned from pharma industry and corporate defendants to pay up to $40 million; Trial set to begin next week for ‘Pharma Bro’ (...)

The UK Competition Authority finds a breach of competition law by a price comparison website that leads to an opt-out collective claim based on the allegation that the website’s conduct led to higher prices of home insurance for consumers (ComparetheMarket)
Hausfeld (London)
United States 6 contributions 1082 visits
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Hausfeld (London)
United Kingdom 11 contributions 1644 visits
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Hausfeld (London)
United Kingdom 5 contributions 1293 visits
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London, 1 November 2021 - An opt-out collective claim on behalf of over 20 million UK consumers of home insurance has been filed today by Home Insurance Consumer Action against the companies behind Comparethemarket.com. The claim follows the Competition and Markets Authority’s finding last (...)

The Paris Court of Appeal orders a tobacco supplier to pay damages of almost €127M to two distributors for lost profits as a result of resale price maintenance agreements (Lorillard / AVGR / Lagache)
Nest Avocats (Paris)
France 14 contributions 39187 visits
The Paris Court of Appeal ordered LORILLARD, head of the LORENOVE concession network, to pay to two of its dealers (AVGR and LAGACHE), belonging to the same group of companies, respectively the sums of €62,952.93 and €64,021.58 for having imposed resale prices on them from 2010 to 2013. (...)

The Chinese Intermediate People’s Court of Ningbo City enforces mandatory licensing for "essential facility" patents in an antitrust case (Ketian / Hitachi)
Jones Day (Hong Kong)
Hong Kong 2 contributions 439 visits
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Jones Day (Shanghai)
China 51 contributions 24065 visits
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Jones Day (Beijing)
China 44 contributions 21046 visits
In Short The Development: China’s Ningbo Intermediate People’s Court ruled that Hitachi Metals ("Hitachi") allegedly abused its dominance when it refused to license patents necessary for the production of sintered neodymium-iron-boron ("sintered NdFeB"). The Significance: This is the first (...)

The UK Competition Appeal Tribunal provides guidance for post-Brexit permission to serve out of the jurisdiction applications and confirms that damages occasioned by anti-competitive conduct will not be narrowly construed (Epic Games / Apple / Google)
Hausfeld (London)
United Kingdom 20 contributions 5342 visits
The Tribunal issued its combined permission to serve out of the jurisdiction judgment in Epic Games v Apple (the Apple Claim) and Epic Games v Google (the Google Claim) on 22 February 2021, declining permission for service on Apple Inc. and granting permission for service for a subset of (...)

The Paris Commercial Court rules that a Big Tech company should pay €1.27M in antitrust damages for abuse of its dominant position in the online search advertising market (Oxone Technologies / Google)
Hausfeld (London)
United States 3 contributions 723 visits
Following a stand-alone claim filed by a directory enquiry services provider, the Paris Commercial Court ruled, on 10 February 2021, that Google holds a dominant position in the online search advertising market through Google Ads and abuses that position by setting up rules which are “neither (...)

The Paris Commercial Court imposes a €1.2M fine on a Big Tech company for abuse of a dominant position against a telephone directory services company (Oxone Technologies / Google)
Addleshaw Goddard (Paris)
France 39 contributions 44345 visits
In the context of a stand-alone action – which falls under the new provisions resulting from the transposition of the Damages Directive – the Paris Commercial Court ruling at first instance orders Google to pay EUR 1,2 million in damages to Oxone, a telephone directory services company. Oxone (...)

The UK Competition Authority publishes a notice of a standalone competition damages claim against a trade association for abusing its dominant position and engaging in anti-competitive agreements (International Tin Association)
Herbert Smith Freehills (London)
France 12 contributions 3299 visits
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Herbert Smith Freehills (London)
United Kingdom 45 contributions 9504 visits
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Herbert Smith Freehills (London)
United Kingdom 60 contributions 21569 visits
On 26 January 2021 the Competition Appeal Tribunal (CAT) published a notice of a standalone competition damages claim (brought under section 47A of the Competition Act 1998) by Kerilee Investments, a metal trader, against the International Tin Association, a UK based trade association. The (...)

The French Supreme Court confirms that the incumbent horse race betting operator abused its dominant position (PMU)
Van Bael & Bellis (Brussels)
Belgium 23 contributions 24589 visits
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Hogan Lovells (Brussels)
Belgium 4 contributions 613 visits
On 14 October 2020, the French Supreme Court (“Cour de Cassation”) confirmed the Court of Appeals’ finding that horserace-betting company Pari Mutuel Urbaine (“PMU”) abused its dominant position in the market for physical horserace betting by pooling bets with those in the online market. (...)

The US Court of Appeals for the Federal Circuit reverses a judgment that upheld “skinny labels” and allowed a generic medicine to launch on uses not covered by a patent (GlaxoSmithKline / Teva)
Rutgers University (New Brunswick)
United States 26 contributions 25558 visits
On October 2, 2020, the U.S. Court of Appeals for the Federal Circuit vacated a district court’s judgment in favor of defendant Teva in a case involving “skinny labels.” GlaxoSmithKline LLC v. Teva Pharm. USA, Inc., 976 F.3d 1347 (Fed. Cir. 2020). When a drug can be used to treat multiple (...)

The US Court of Appeals for the Third Circuit upholds a lower Court’s ruling certifying a class of pharmaceutical drug purchasers alleging that the defendant engaged in anticompetitive behavior to maintain its monopoly over a drug (Indivior)
Hausfeld (Washington)
United States 7 contributions 1016 visits
On July 28, 2020, a Third Circuit Court of Appeals panel unanimously upheld a lower court ruling certifying a class of Suboxone purchasers who alleged that the defendant Indivior Inc. engaged in anticompetitive behavior to maintain its monopoly over the drug. The Third Circuit panel rejected (...)

The German Federal Court of Justice issues a judgment in a case involving SEP licensing negotiations on FRAND terms between two companies active in the mobile telecommunications market (Sisvel / Haier)
Van Bael & Bellis (Brussels)
Belgium 163 contributions 55980 visits
On 5 May 2020, the German Federal Court of Justice (Bundesgerichtshof - the “FCJ”) delivered a judgment in a case pitting Sisvel against Haier which deals with the licensing of Standard Essential Patents (“SEP”) on terms that are fair, reasonable and non-discriminatory (“FRAND”). This is the (...)

The German Federal Court of Justice clarifies obligations of parties in SEP licensing negotiations on FRAND terms (Sisvel / Haier)
Van Bael & Bellis (Brussels)
Belgium 24 contributions 5008 visits
In its judgment of 5 May 2020, the Federal Court of Justice (“FCJ”) overturned the appeal ruling of the Higher Regional Court of Düsseldorf (the “Düsseldorf Court”) and found that Haier’s mobile telephones and tablets infringed Sisvel’s standard-essential patent (“SEP”) and that Sisvel had not (...)

The Italian Court of Cassation rules on the limitation period of antitrust damages claims in two judgments in the telecommunications sector (Uno Communications / Telecom Italia) (Uno Communications / Vodafone Italia)
French Competition Authority (Paris)
France 3 contributions 846 visits
1.- Introduction By judgements issued on the 27th of February, 2020, No. 5381, and on the 3rd of April 2020, No. 7677, the Italian Court of Cassation (Corte di Cassazione) ruled that the antitrust damages claims brought by Uno Communications S.p.A. against Vodafone Italia S.p.A. and Telecom (...)

The Nanjing Intermediate People’s Court rules in favour of an undertaking and its subsidiary in an abuse of dominance case against its suppliers of active pharmaceutical ingredient and awards the plaintif damages as compensation for anti-competitive conduct totally $10 million (Yangtze River)
Hogan Lovells Fidelity (Shanghai)
3 contributions 432 visits
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Hogan Lovells (Beijing)
China 81 contributions 20821 visits
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Hogan Lovells Fidelity (Shanghai)
9 contributions 2436 visits
On 18 March 2020 the Nanjing Intermediate People’s Court (court) ruled in favor of Yangtze River Pharmaceutical Group and its subsidiary (Yangtze Pharma) in an abuse of dominance case against its suppliers of active pharmaceutical ingredients (API). The court awarded the plaintiffs a record (...)

The French Commercial Court of Paris rules that a private enforcement action cannot proceed because the limitation period has expired and that argument that the period was interrupted is flawed (Sanofi / Sanofi Aventis / CNAMTS)
Herbert Smith Freehills (Paris)
France 63 contributions 13461 visits
Brief summary of facts On 14 May 2013, following a complaint by TEVA, a generics manufacturer, the FCA fined Sanofi EUR 40.6 million for abuse of dominance (disparaging the generic versions of Plavix®). Decision was confirmed by the Paris Court of Appeal in December 2014 and the French (...)

The Indian Competition Authority fines real estate company for abuse of dominance by imposing one-sided clauses in contracts in the market for sale of independent villas (Jaiprakash Associates)
Vaish Associates Advocates (New Delhi)
India 263 contributions 42873 visits
CCI fines Jai Prakash Associates for abusing its dominant position in the market for sale of independent villas in Integrated Townships in the territory of Noida and Greater Noida* CCI, imposed a penalty of INR 13.82 Crores on Jai Prakash Associates (“JPA”) for abusing its dominant position (...)

The US District Court for the Southern District of Texas Houston Division dismisses an antitrust claim ruling that the lobbying of local governments is protected from antitrust litigation by the First Amendment (Tricon Precast / Easi‑Set)
Jones Day (Houston)
United States 35 contributions 15843 visits
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Jones Day (Dallas)
United States 4 contributions 911 visits
Last week, the U.S. District Court for the Southern District of Texas dismissed antitrust claims against Easi‑Set Industries. Plaintiff Tricon Precast claimed Easi‑Set violated the Sherman Act and Texas Antitrust Act when it successfully lobbied the Texas Department of Transportation to (...)

The US Court of Appeals for the Third Circuit affirms a bench trial’s decision in a rare price discrimination suit (Spartan Concrete Products / Argos USVI)
Hausfeld (New York)
United States 12 contributions 2988 visits
Robinson-Patman Act decisions are rare. This often is because legitimate complaints against a supplier providing favorable pricing to a complaining customer’s competitors either are settled out of court or prior to a decision on the merits. So it is of interest when a price discrimination suit (...)

The US Court of Appeals for the Third Circuit affirms a directed verdict following a rare price discrimination trial (Spartan Concrete Products / Argos USVI)
Jones Day (Washington)
United States 4 contributions 892 visits
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Jones Day (Cleveland)
United States 12 contributions 4584 visits
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United States 23 contributions 11439 visits
Failure to show antitrust injury proved fatal to price discrimination claims as the Third Circuit affirmed a directed verdict in favor of cement company, Argos USVI, in a case brought by its customer, ready-mix concrete company Spartan Concrete Products ("Spartan"). This decision highlights (...)

The Helsinki District Court hands down two judgements regarding compensation of harm resulting from predatory pricing in the milk market (Maitomaa / Valio) (Maitokolmio / Valio)
Hannes Snellman (Helsinki)
Finland 23 contributions 3065 visits
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Bird & Bird (Helsinki)
Finland 14 contributions 1127 visits
In June 2019, the District Court of Helsinki handed down two judgments regarding compensation of harm resulting from predatory pricing. The claims for damages were brought before the court by two milk producers’ cooperatives, Maitomaa and Maitokolmio, with respect to a predatory pricing case (...)

The Italian Commercial Court of Milan dismisses a €21.5M private damages claim against a supplier of cholic acid on the ground of the claimant’s failure to discharge the burden of proof requirement (DF / ICE / PCA)
4-5 Gray’s Inn Square
France 5 contributions 110 visits
Brief summary of facts The dispute concerns a buyer of cholic acid and an alleged abuse of dominant position (Article102 TFEU) by the supplier, the defendant, resulting in the exclusion of a main competitor in the supply of cholic acid. Defendant is in dominant position in this market, (...)

The Czech Supreme Court confirms that invoking trademark rights to prevent parallel imports can amount to an abuse of dominance (Fiskars / Mountfield)
Skils (Prague)
Czech Republic 35 contributions 26194 visits
On 29 May 2019, the Supreme Court (SC) partially granted an extraordinary appealed lodged by Mountfield against the previous judgment of the High Court in Prague of 23 May 2017 (Ref.No. 3 Cmo 132/2016) in a dispute with Fiskars concerning an alleged violation of Firskars’ rights to trademarks (...)

The US Supreme Court holds that consumers are direct purchasers of apps and consequently have standing to sue an app store owner for monopolisation and high prices (Apple / Pepper)
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 8 contributions 3487 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 21 contributions 5728 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 9 contributions 2830 visits
On May 13, 2019, in a 5-4 decision in Apple Inc. v. Pepper, the U.S. Supreme Court held that consumers of iPhone apps are direct purchasers of Apple and therefore have standing to sue the company for alleged monopolization of the aftermarket for iPhone apps in violation of Section 2 of the (...)

The EU Court of Justice determines that the Portuguese limitation period for competition damages lawsuits undermines the ability of claimants to enforce their claims and thus conflict with the principle of effectiveness (Cogeco Communications / Sport TV Portugal / Controlinveste-SGPS / NOS-SGPS)
ICC France (Paris)
France 37 contributions 9474 visits
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Hogan Lovells (Paris)
France 24 contributions 6692 visits
Brief summary of facts In June 2013, the Portuguese Competition Authority (“PCA”) found that Sport TV Portugal had abused of its dominant position in the market of premium sports TV channels. This behaviour infringed national law and Article 102 TFEU. Consequently, the PCA imposed a fine of (...)

The French Court of Appeal for Paris rules that a private enforcement claim is not time barred but dismisses it anyway for failure to evidence a causal link (EDF /Arkeos / Cap Eco Energie / APEM Energie / Sol’air Confort / Gavriane / Cap Sud)
Herbert Smith Freehills (Paris)
France 63 contributions 13461 visits
Brief summary of facts On 8 April 2009, the FCA issued a decision imposing interim measures to EDF relating to potential abusive practices in the photovoltaic solar power sector (favouring its own subsidiary in an emerging market). On 17 December 2013, it fined EDF for abuse of dominance. (...)

The Danish Competition Authority reaches a landmark abuse of dominance decision against an ambulance services provider that leads to a huge damages settlement (Falck / BIOS)
Szecskay Attorneys at Law (Budapest)
Hungary 3 contributions 1066 visits
HUGE DAMAGES SETTLEMENT FOLLOWING LANDMARK ABUSE OF DOMINANCE DECISION On January 30 2019, the Danish Competition Council (the “DCC”) found that ambulance services provider, Falck, had abused its dominant position under Article 102 TFEU. The DCC held that following a failed tender bid to the (...)

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 14609 visits
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 Northern District of California denies a motion for a summary judgment that a company’s standard essential patent licensing practices breached its FRAND obligations (ASUS / InterDigital)
Hogan Lovells (Washington)
United States 1 contribution 98 visits
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Hogan Lovells (Washington)
United States 1 contribution 98 visits
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Baker McKenzie (Washington)
United States 5 contributions 632 visits
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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 a decision published in redacted form, Judge Beth Labson Freeman of the Northern District of California denied ASUSTek Computer Inc.’s and ASUS Computer (...)

The Cypriot Competition Authority rejects allegations of abuse of dominance regarding an exclusive dealing agreement for the supply of hairdressing salon products (Angela Antoniadou / A.J. Vouros)
Harris Kyriakides (Cyprus)
Cyprus 1 contribution 190 visits
Introduction On 30 November 2018, the Cyprus Commission for the Protection of Competition (the Commission) rejected a cοmplaint for infringement of Section 6 of the Protection of Competition Law (Law 13(I)/2008), as amended (the Law). The aforementioned alleged infringement was based on the (...)

The French Court of Appeal for Paris determines that a betting company pooling online and offline bets together is anticompetitive and harmed a rival that acted solely online (Betclic / Pari Mutuel Urbain)
Herbert Smith Freehills (Paris)
France 63 contributions 13461 visits
Brief summary of facts PMU, active in the horse and sports betting services as well as poker game services, holds a monopolistic position in France in the organisation of horse betting services in its brick-and-mortar network. PMU also offers online horse and sports betting services, as well (...)

The Ukrainian Supreme Court affirms the Appeal Court’s decision and upholds the right of a party to claim for damages arising from a competition law violation in the market for cargo transportation (Nibulon / Ukrzaliznytsya)
Asters (Kiev)
Ukraine 3 contributions 84 visits
Brief summary of facts In 2013, the AMC rendered a decision (upon relevant complaint of Nibulon, a Ukrainian agricultural company specializing in production and export of grains wheat, barley, corn), according to which Ukrzaliznytsya was fined for abuse of dominance in the market of cargo (...)

The US Supreme Court finds that there was no abuse of dominance in a dominant firm’s requirements against competitors because the market is a two-sided platform (American Express)
Hogan Lovells (Washington)
United States 9 contributions 1060 visits
Brief summary of facts After merchant plaintiffs brought a private enforcement action against American Express in 2008, [1] the United States and several individual states similarly brought suit in 2010, alleging that American Express’s use of anti-steering provisions in its contracts with (...)

The French Court of Appeal for Paris awards €52.95M in damages to a phone operator from a rival because of an abusive margin squeeze (SFR / Orange)
Herbert Smith Freehills (Paris)
France 63 contributions 13461 visits
Brief summary of facts Orange had marketed an offer whereby owners of second homes could suspend their line at a low cost when their second home was unoccupied. SFR wanted to develop a competing offer but was not able to because of the monthly fees paid to the incumbent operator. Brief (...)

The England & Wales High Court affirms its jurisdiction to hear claims relating to losses suffered by a UK company over an alleged abuse of a dominant position (Apple / Qualcomm)
Osborne Clarke (London)
United Kingdom 28 contributions 789 visits
Brief summary of judgment Summary judgment and jurisdiction ruling: May 2018 The High Court held that the claim against the First Defendant had no real prospect of success. Qualcomm (UK) Limited was not the owner of the relevant patents. Therefore, it had not taken on any relevant (...)

The Ukrainian Supreme Court affirms the fine issued by the Competition Authority to an electricity supplier for abusing monopoly powers in the regional market for electricity transmission (Chernihivoblenergo)
Asters (Kiev)
Ukraine 3 contributions 84 visits
Brief summary of facts In 2015, LLC "Torhova enerhetychna kompaniya "Elkom" (Elkom), a business entity active in the electricity market, particularly as a supplier of the electricity, filed with the Administrative Chamber of Chernihiv region Department of the Antimonopoly Committee of (...)

The Italian Court of Milan grants a follow-on damages claim filed by three airlines against an airport’s operator for abuse of dominance (Brussels Airlines / American Airlines / Aegean Airlines / SEA)
Orrick, Herrington & Sutcliffe (Rome)
Italy 6 contributions 213 visits
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Akin Gump Strauss Hauer & Feld (London)
United Kingdom 6 contributions 303 visits
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Italian Ministry of Health (Rome)
5 contributions 121 visits
Brief summary of facts In case No. A377 - SEA-Tariffe aeroportuali, decided in November 2008, the Italian Competition Authority (ICA) fined SEA, the company operating the two airports of the city of Milan (namely, Linate and Malpensa), for an abuse of dominance consisting in the application (...)

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)
United States 24 contributions 5636 visits
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 (...)

Mergers

 The EU General Court dismisses a damages action for €1.74B brought by a courier delivery services company against the Commission for the losses and costs resulting from the annulment of a merger prohibition decision (UPS / TNT)
Ashurst (Brussels)
Belgium 4 contributions 749 visits
On 23 February 2022, the General Court dismissed UPS’s damages action for EUR 1.74 billion against the European Commission for the losses and costs resulting from the annulment of the UPS/TNT merger prohibition decision. Key takeaways Annulment of a merger prohibition decision will not (...)

The EU General Court dismisses a €1.7B claim for damages brought by a courier delivery services company in which it sought compensation for losses resulting from the Commission’s decision to block a merger with its rival (UPS / TNT)
White & Case (Brussels)
Belgium 18 contributions 11526 visits
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McDermott Will & Emery (Brussels)
Belgium 19 contributions 7710 visits
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White & Case (Brussels)
Belgium 20 contributions 10502 visits
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On 23 February 2022, the EU’s General Court (GC) dismissed a €1.7 billion claim for damages brought by United Parcel Service Inc. (UPS) against the European Commission (EC). UPS sought compensation for the losses resulting from the EC’s decision to block UPS’ merger with TNT NV (TNT). The GC, (...)

The German Federal Court of Justice rules that where consideration in a public acquisition is not adequate shareholders may be entitled to sue
Morgan Lewis (Frankfurt)
Germany 1 contribution 1855 visits
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Morgan Lewis (Frankfurt)
Germany 1 contribution 1855 visits
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Morgan Lewis (Frankfurt)
Germany 1 contribution 1855 visits
RECENT CASE LAW RELATING TO PUBLIC TENDER OFFERS UNDER THE GERMAN SECURITIES ACQUISITION AND TAKEOVER ACT (WPÜG): The German Federal Court of Justice (FCJ) pronounced on November 23, 2021 two judgments in parallel proceedings that may have landmark effect. In contrast to the FCJ’s earlier (...)

The US Court of Appeals for the Fourth Circuit upholds its earlier decision ordering the divestiture of a corporate acquisition in a private antitrust lawsuit (Steves & Sons / Jeld-Wen / CMI)
Herbert Smith Freehills (New York)
United States 1 contribution 117 visits
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Latham & Watkins (London)
United Kingdom 3 contributions 370 visits
On March 22, 2021, the US Court of Appeals for the Fourth Circuit upheld its earlier decision ordering the divestiture of a corporate acquisition in a private antitrust lawsuit, where US merger control authorities had previously cleared the transaction. The decision represents the first time (...)

The US Court of Appeals for the Fourth Circuit upholds the first divestiture order in an antitrust suit brought by a private party challenging a merger, years after the transaction, in the door manufacturing sector (Steves & Sons / Jeld-Wen / CMI)
Clifford Chance (Washington)
United States 11 contributions 2628 visits
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Baker Botts (Washington)
United States 2 contributions 571 visits
On February 18, 2021, the U.S. Court of Appeals for the Fourth Circuit upheld the first divestiture order in an antitrust suit brought by a private plaintiff which challenged its rival’s acquisition four years after the transaction. Post-consummation merger challenges are rare and—until (...)

The US State of Delaware Chancery Court issues an opinion in litigation between two health-insurance giants over a failed merger and confirms that neither is entitled to damages (Anthem / Cigna)
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 1 contribution 149 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 22 contributions 6827 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 21 contributions 5728 visits
On August 31, 2020, the Delaware Chancery Court issued an opinion in litigation between Anthem and Cigna related to the contract in their terminated merger. In its sprawling 306-page opinion, the court detailed a “corporate soap opera” in which the parties’ “battle for power spanned multiple (...)

The Ankara 9th Administrative Court orders a stay of execution on a port acquisition after the Competition Authority’s conditional clearance with behavioural remedies (Kumport)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 172 contributions 83573 visits
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Kia (Frankfurt)
Germany 6 contributions 2951 visits
Background Limar Liman ve Gemi İşletmeleri A.Ş. (“Limar”), which is controlled by Arkas Holding A.Ş. (“Arkas”) notified to the Turkish Competition Authority (the “Authority”) its acquisition of the sole control over Mardaş Marmara Deniz İşletmeciliği A.Ş. (“Mardaş” or the “Target”) operating (...)

The US District Court for the Eastern District of Virginia requires divestiture in a long-consummated merger (Steves & Sons / Jeld-Wen / CMI)
Jones Day (Houston)
United States 35 contributions 15843 visits
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Jones Day (Washington)
United States 20 contributions 4080 visits
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Sheppard Mullin (Washington)
United States 4 contributions 918 visits
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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. Congratulations! Your deal navigated through antitrust review, you closed the transaction, and you are making your way through the three-year integration plan. (...)

The US District Court for the Eastern District of Virginia orders a defendant in private antitrust litigation to divest a manufacturing plant following a competitor’s merger challenge (Steves & Sons / Jeld-Wen / CMI)
Jones Day (Houston)
United States 35 contributions 15843 visits
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Jones Day (Washington)
United States 7 contributions 2287 visits
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Sheppard Mullin (Washington)
United States 4 contributions 918 visits
A federal district court has ordered a defendant in private antitrust litigation to divest a manufacturing plant following a competitor’s merger challenge. Although the decision is certain to be appealed, it may embolden customers or competitors wishing to challenge a transaction and create (...)

State Aid

 The EU Court of Justice dismisses an airline’s challenge to the 2020 loan guarantees offered to a Nordic flag carrier by Sweden and Denmark (Ryanair)
European Court of Justice (Luxembourg)
Luxembourg 331 contributions 109447 visits
State aid to SAS during the COVID-19 pandemic: the Court of Justice definitively dismisses Ryanair’s actions concerning the loan guarantees put in place by Sweden and Denmark in April 2020* In April 2020, Denmark and Sweden gave notice to the Commission of two separate aid measures in favour (...)

The EU Commission approves a German support scheme worth €215M to compensate the German national rail company for damages suffered by its subsidiaries due to the coronavirus pandemic (Deutsche Bahn)
European Commission - DG COMP (Brussels)
Belgium 1361 contributions 2920824 visits
State aid: Commission approves €215 million German support to compensate Deutsche Bahn for damages suffered by its subsidiaries due to the coronavirus pandemic* The European Commission has found a