Private enforcement

Anticompetitive practices

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

The German Parliament passes the 10th amendment of the German Act against restraints of competition
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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 Competition (...)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The German Government submits a draft of the digitalisation act amending national competition law
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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 fines (...)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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)
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 by (...)

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)
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Ashurst (London)
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 damage claim procedure (GIS Cartel)
Bird & Bird (Amsterdam)
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Bird & Bird (The Hague)
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 formed a (...)

The Dutch Court of Appeal in Arnhem-Leeuwarden applies a rationale of the EU Court of Justice and finds subsidiary liable for damages resulting from an EU competition law infringement committed by its parent whilst engaging in a cartel (GIS Cartel)
Leiden University - Faculty of Governance and Global Affairs
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 (its parent (...)

The Dutch Court of Appeal in Arnhem-Leeuwarden finds a subsidiary liable for cartel damage caused by its minority shareholder that had or could have a decisive influence over it (GIS Cartel)
Maastricht University
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 UK 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)
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Ashurst (London)
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Ashurst (London)
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 simple (...)

The UK Court of Appeal hands down a follow-on damages claim against a power cable cartel member (BritNed / ABB)
Bird & Bird (Amsterdam)
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Bird & Bird (London)
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 of (...)

The UK 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)
Case Associates (London)
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 side (...)

The UK Competition Appeal Tribunal adopts a practical approach to realities of collective actions damages due to the Truck cartel decision (Road Haulage Association / UK Trucks Claim)
Hausfeld (London)
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Hausfeld (London)
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)
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Bird & Bird (Amsterdam)
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 escalators-cartel (...)

The US State of California becomes the first State to enact legislation rendering certain pharmaceutical patent litigation settlement agreements presumptively anticompetitive
White & Case (Washington)
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White & Case (Washington)
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White & Case (New York)
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 settlement (...)

The Italian Supreme Court sheds light on the severance of anti-competitive clauses of a banking personal guarantee contract (De Gregorio / Banca Promos)
Giannino SI (Monserrato)
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 of (...)

The Canadian Supreme Court expands the scope of potential liability in price-fixing class actions (Pioneer / Godfrey)
Davies Ward Phillips & Vineberg (Toronto)
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Davies Ward Phillips & Vineberg (Toronto)
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Davies Ward Phillips & Vineberg (Toronto)
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 Shanghai IP Court holds that fictitiously increasing the number of views of videos is an act of false propaganda (Feiyi / IQiYi)
Beijing Foreign Studies University (Beijing)
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 EU Court of Justice hands down a judgement in which it ensures victims of competition law breaches get compensation in the context of an asphalt cartel (Vantaan Kaupunki / Skanska)
Hausfeld (London)
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 of (...)

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 (Vantaa / Skanska Industrial Solutions)
Portolano Cavallo (Milan)
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Portolano Cavallo (Milan)
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 EU Court of Justice expands cartel damages liability for corporate parents and successors (Vantaan Kaupunki / Skanska Industrial Solutions)
Jones Day (Brussels)
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Jones Day (Brussels)
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Jones Day (Brussels)
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 rules that the concept of undertaking and the principle of economic continuity apply in private enforcements cases as in public enforcement proceedings (Vantaan kaupunki / Skanska Industrial Solutions)
Hogan Lovells (Munich/Frankfurt)
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Hogan Lovells (Munich/Frankfurt)
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 (...)

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)
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 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)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
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 clarifies, in a preliminary ruling concerning an asphalt cartel, who is liable to pay compensation in a damages action arising from article 101 TFEU (Skanska Industrial Solutions)
Lavoielegal (Brussels)
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 is (...)

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)
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 procedure, (...)

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)
Simmons & Simmons (Amsterdam)
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Simmons & Simmons (Brussels)
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 Netherlands. (...)

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)
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 prima (...)

The US District Court for the Southern District of Florida receives an antitrust claim against bitcoin companies concerning alleged coordination in order to restrain trade (United American Corp / Bitmain)
Constantine Cannon (New York)
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 UK High Court delivers its first follow-on cartel damages case judgment in the electricity interconnected cable market (ABB / BritNed)
Freshfields Bruckhaus Deringer (London)
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Freshfields Bruckhaus Deringer (London)
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 UK High Court of Justice rejects econometrics analysis in a cartel damage case for being too complex (BritNed / ABB)
Case Associates (London)
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”. Here (...)

The UK High Court of Justice rejects methodology for estimating overcharges on cables based on economic evidence (BritNed / ABB)
The Brattle Group (London)
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 Commercial Courts of Barcelona and Madrid render judgements in follow-on suits against a cartel in the envelopes market (Sobres de Papel)
Callol, Coca & Asociados (Madrid)
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Callol, Coca & Asociados (Madrid)
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Callol, Coca & Asociados (Madrid)
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 Alberta Court of Queen’s Bench (Canada) rules a private claim regarding a joint venture agreement between two purchasers of chemicals products (Dow Chemical Canada / Nova Chemicals Corporation)
Steve Szentesi Law Corporation (Vancouver)
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 federal (...)

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)
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Dechert (Philadelphia)
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 grants a claim for damages relating to a cement cartel by extending the time period in which limitation rules can be suspended (Grauzementkartell II)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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Norton Rose Fulbright (Brussels)
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 temporal (...)

The German Supreme Court rules that statute of limitations is tolled for cartel damages claims that arose before July 2005 (Grauzementkartell II)
Hausfeld (Düsseldorf)
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 of Justice rules on the statute of limitations for cartel damages claims (Grauzementkartell II)
Hausfeld (Berlin)
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 Federal Court clarifies controversial judgments around the statute of limitations for cartel damages claims (Grauzementkartell II)
Hogan Lovells (Munich/Frankfurt)
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Hogan Lovells (Munich/Frankfurt)
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 Portuguese Parliament transposes the 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)
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DLA Piper (Lisbon)
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Vieira de Almeida (Lisbon)
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 November (...)

The EU Court of Justice Advocate General 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)
University of Bristol - Law School
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 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)
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 2007 (...)

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)
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 Northern (...)

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)
Latham & Watkins (London)
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Matheson (Dublin)
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 UK Court of Appeal adopts a ruling allowing plaintiffs in cartel damages actions to advance claims based on overcharges incurred outside of the EU when they ultimately hit the sales of their finished goods within the EU (Liyama)
Dentons (Brussels)
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Levi Strauss (Brussels)
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 EU Commission publishes a report on the implementation of collective redress mechanisms in EU Member States
Court of First Instance of Namur (Namur)
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 common (...)

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 DC)
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Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (New York)
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 Sherman (...)

Bulgaria transposes the Private Damages Directive (2014/104/EU)
Tsvetkova Bebov Komarevski (Sofia)
Better Later Than Never: Bulgaria Finally Implemented the Private Damages Directive in its Competition Protection Act Eleonora Mateina (Tsvetkova Bebov Komarevski, Attorneys-at-law)/January 8, 2018 /Leave a comment Following a considerable delay and a threat by the European Commission to (...)

The Hanover District Court finds a participant of the trucks cartel liable for damages to the city of Gottingen (MAN Trucks)
Hausfeld (Berlin)
On July 19, 2016, the European Commission (“EC”) concluded a five-year investigation and imposed record-breaking fines of over € 2.9 billion on five major truck manufacturers (MAN, Daimler, Volvo/Renault, Iveco and DAF) for antitrust infringements — the so-called “truck cartel..EC, Decision of 19 (...)

The Italian Supreme Court confirms the claim for nullity of a personal guarantee as being a violation of the antitrust regulation (ABI)
Studio Legale Scoccini (Rome)
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Studio Legale Scoccini (Rome)
By its decision No. 29810 of 12/12/2017, the Italian Supreme Court overruled the judgement of the Court of Appeal of Venice that had rejected the claim for nullity of a personal guarantee in violation of the antitrust regulation. The dispute submitted to the Court of Appeal of Venice - as a (...)

The US Court of Appeals for the Ninth Circuit upholds dismissal of an antitrust suit where a jury verdict in a parallel case found no patent infringement (Casacade Computer / RPX / Samsung)
McDermott Will & Emery (Washington)
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Crowell & Moring (Washington)
What Happened: Wading into the merging streams of antitrust and patents, the US Court of Appeals for the Ninth Circuit upheld dismissal of an antitrust suit where a jury verdict in a parallel case found no patent infringement. Cascades Computer Innovation, LLC v. RPX Corp. and Samsung (...)

The EU Commission fines several truck manufacturers for cartel (Scania)
DG COMP (Brussels)
Antitrust: Commission fines Scania €880 million for participating in trucks cartel* The European Commission has found that Scania broke EU antitrust rules. It colluded for 14 years with five other truck manufacturers on truck pricing and on passing on the costs of new technologies to meet (...)

The UK Competition Appeal Tribunal refuses a £14 billion class action against a financial service company (Merricks / MasterCard)
Covington & Burling (Brussels)
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Covington & Burling (Brussels)
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Covington & Burling (London)
On Friday, July 21, 2017, the UK’s Competition Appeal Tribunal (the “CAT”) handed down its second class certification decision under the class actions regime introduced by the Consumer Rights Act 2015 (the “Act”). It dismissed the application for two reasons. First, the proposed representative (...)

The Belgian Administration implements the EU Damages Directive
Simmons & Simmons (Brussels)
On 12 June 2017, the Act implementing the EU Damages Directive into Belgian law was published in the Belgian State Gazette. The Act adds a new chapter to the Belgian Code of Economic Law. The EU Damages Directive (Directive 2014/104/EU, the Directive) sets out rules which must ensure that (...)

The German Parliament adopts significant changes to the German Act against Restraints of Competition
White & Case (Hamburg)
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White & Case (Hamburg)
Today, significant changes to the German Act against Restraints of Competition have entered into effect. This newsletter provides an overview of the most significant aspects of the 9th amendment to the German competition law. Cartel Damages The amendment strengthens the procedural and legal (...)

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

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

The Hong Kong High Court rejects allegations by a travel agency that certain directives issued by the Travel Industry Council were anti-competitive (Loyal Profit / TIC)
Baker McKenzie (Hong Kong)
On 27 April 2017, Hong Kong’s High Court rejected allegations by travel agency, Loyal Profit International Development that certain directives issued by the Travel Industry Council (TIC) were anti-competitive, and refused to rule on alleged violations of competition law. Loyal Profit alleged (...)

The Hong Kong High Court confirms the Competition Tribunal’s competence for stand-alone private actions in competition cases (Loyal Profit / TIC)
Linklaters (Hong Kong)
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Linklaters (Hong Kong)
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StubHub (Hong Kong)
This article has been nominated for the 2018 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Hong Kong Court confirms bar on stand-alone private actions in competition cases* The Hong Kong Court of First Instance rejected a claim that it had jurisdiction (...)

The German Federal Council votes in favour of passing the ninth amendment to the Act against restraints of competition
Baker McKenzie (Brussels)
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Baker McKenzie (Brussels)
Update on the 9th ARC Revision On 31 March 2017, the German Federal Council (Bundesrat) has voted in favour of passing the ninth amendment to the Act against Restraints of Competition (ARC) (Gesetz gegen Wettbewerbsbeschränkungen). According to the 31 March plenary report, the draft law is now (...)

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

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

The German Federal Council adopts an amendment to Act against restraints of competition
Jones Day (Frankfurt)
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Morgan Lewis (Frankfurt)
Key changes triggered by the amendment relate to a company’s liability for cartel infringements, the introduction of a transaction value test into merger control, private enforcement through the implementation of the EU Cartel Damages Directive, the assessment of market power in multilateral (...)

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

The French Government implements the damages directive by way of an order which establishes a specific civil liability regime to facilitate the recovery of damages suffered by victims of anti-competitive practices
Freshfields Bruckhaus Deringer (Paris)
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Freshfields Bruckhaus Deringer (Paris)
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Freshfields Bruckhaus Deringer (Paris)
The French Government has just implemented the Damages Directive by way of order No. 2017 -303 (the Order). The Order establishes a specific civil liability regime to facilitate the recovery of damages suffered by victims of anti-competitive practices. In a nutshell, what are the main (...)

The EU General Court rules on three actions claiming damages for alleged excessive duration of judicial proceedings (Armando Alvarez / Plasticos Espanoles / Kendrion)
Van Bael & Bellis (Brussels)
On 1 and 17 February 2017, the General Court (“GC”) delivered three judgments in relation to actions claiming damages for alleged excessive duration of judicial proceedings. This is the second set of judgments issued by the GC on this topic. Last month, the GC awarded Gascogne more than € 57,000 (...)

The UK High Court concludes that multilateral interchange fees were not restrictive of competition and can be exempted under article 101(3) (MasterCard)
DLA Piper (London)
On 30 January 2017, the United Kingdom (UK) High Court handed down a judgment in favour of MasterCard in a damages claim brought by UK retailers (including Next, Acadia Group and Asda). The claimants alleged that MasterCard’s multilateral interchange fees (MIFs) were illegally restrictive of (...)

The EU General Court orders the European Union to pay damages for excessively long court proceedings for the first time (Industrial bags cartel)
Van Bael & Bellis (Brussels)
On 10 January 2017, the General Court (“GC”) issued a judgment in which it ordered the European Union to pay Gascogne and Gascogne Sack Deutschland (“Gascogne”) a total of about € 57,000 in damages for the excessive duration of previous proceedings before the GC in connection with the Industrial (...)

The Milan Court of Appeal welcomes the counterfactual scenario in a follow-on action for damages (Brennercom / Telecom Italia)
NCTM - Studio Legale Associato (Milan)
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Luiss Guido Carli University (Rome)
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Luiss Guido Carli University (Rome)
One of the main issues involving the implementation of the Damages Directive concerns the quantification of damages claimed by the victims of anticompetitive conducts before national judges in follow-on actions. Indeed, the directive grants the right to full compensation to the victims of (...)

The Italian Supreme Court rules that the reorganization of the Italian distribution network of a car manufacturer does not breach competition law (Volkswagen)
Giannino SI (Monserrato)
By the recent Volkswagen Group Italia (VGI) judgement , the Italian Supreme Court or Court of Cassation (the Court) has ruled that the plan for the reorganization of its Italian distribution network implemented by a German car manufacturer did not breach competition. The Court considered the (...)

The Beijing High Court rejects an appeal in China’s first follow-on private action against six infant formula suppliers for engaging in resale price maintenance (Junwei Tian / Carrefour / Abbott)
Freshfields Bruckhaus Deringer (Hong Kong)
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Freshfields Bruckhaus Deringer (London)
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Freshfields Bruckhaus Deringer (Hong Kong)
In one of the most notable decisions at the end of last year, the Beijing High Court rejected an appeal in China’s first follow-on private action in Junwei Tian v. Beijing Carrefour Shuangjing Store and Abbott Shanghai. The claim followed the decision in 2013 of China’s National Development and (...)

Advocate General Szpunar renders an opinion on publication of information about the functioning of an illegal cartel acquired via leniency statements (Evonik Degussa)
CDC Cartel Damage Claims (Brussels)
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CDC Cartel Damage Claims (Brussels)
Presenting public knowledge: Leniency programmes and cartels* By his opinion of 21 July 2016 in Case C-162/15 P, Evonik Degussa, Advocate General (AG) Maciej Szpunar of the EU Court of Justice confirmed that information on the functioning of a clandestine cartel, even when it originates from (...)

The EU Commission concludes a five-year investigation finding that five truck manufacturers coordinated their prices (MAN / Volvo / Renault / Daimler / Iveco / DAF)
Hausfeld (Brussels)
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Hausfeld (London)
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Hausfeld (London)
The Trucks Cartel On 19 July 2016, the EC concluded a five-year investigation finding that five major truck manufacturers – MAN, Volvo / Renault, Daimler, Iveco and DAF (the ‘’Cartelists") – unlawfully coordinated the pricing of trucks over a 14-year period, from 1997 – 2011, as well as colluding on (...)

The EU Commission imposes a cartel fine totaling €2.93 billion on four truck producer for coordinating their factory prices of trucks, new emissions technologies and their introduction in the market (MAN / Volvo / Renault / Daimler / DAF)
Norton Rose Fulbright (Brussels)
THE EUROPEAN COMMISSION FINES TRUCK MANUFACTURERS A RECORD €2.93 BILLION FOR CARTEL CONDUCT* On 19 July 2016, the European Commission (Commission) imposed fines totaling €2,926,499,000 on four truck producers (39824 – Trucks). The fine is the highest ever imposed on members of a cartel by the EU (...)

The UK Competition Appeal Tribunal awards competition damages in country’s judgment on a standalone action (Sainsbury’s / MasterCard)
Cleary Gottlieb Steen & Hamilton (Rome)
The Competition Appeal Tribunal awards competition damages in UK’s first judgment on a stand-alone action* On 14 July 2016, the UK Competition Appeal Tribunal (CAT) ordered MasterCard to pay Sainsbury’s £68.6m plus interest for infringing competition law in the setting of UK multilateral (...)

The UK Competition Appeal Tribunal rules on passing-on defense (Sainsbury ’s / Mastercard)
Blackstone Chambers (London)
The passing-on “defence” after Sainsbury’s*The passing-on defence – ie. whether the damages suffered by a purchaser of a product which has been the subject of a cartel are reduced if he passes on the overcharge to his own customers – had, as Tristan Jones blogged a few years ago, been the subject of (...)

The UK Competition Appeal Tribunal awards £8.6 million damages and finds that an undertaking setting of UK multilateral interchange fees for its payment cards infringed national and EU competition law on anti-competitive agreements (Sainsbury’s / MasterCard)
Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
On 14 Jul the UK Competition Appeal Tribunal (CAT) issued its judgment in the damages claim brought by Sainsbury’s against MasterCard. The CAT found that MasterCard’s setting of UK multilateral interchange fees (MIFs) for its payment cards infringed the Article 101 TFEU/Chapter I prohibition on (...)

The Dutch Supreme Court accepts passing-on defence in private enforcement litigations (TenneT / Gas-insulated Switchgear)
Court of First Instance of Namur (Namur)
On 8 July 2016, the Dutch Supreme Court (“the Court”) handed down a judgment upholding the availability of the passing-on defense in private enforcement litigation. The ruling resulted from a civil claim for damages brought by the electricity company TenneT against the gas-insulated switchgear (...)

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

Dominance

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

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

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

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

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

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

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

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

The US Court of Appeals for the Third Circuit affirms directed verdict following rare price discrimination trial (Spartan Concrete Products / Argos USVI)
Jones Day (Washington DC)
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Jones Day (Cleveland)
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Jones Day (Washington DC)
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 US Court of Appeals for the Third Circuit affirms bench trial’s decision in rare price discrimination suit (Spartan Concrete Products / Argos USVI)
Hausfeld (New York)
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 Helsinki District Court hands down two judgements regarding compensation of harm resulting from predatory pricing in the milk market (Maitomaa / Maitokolmio / Valio)
Bird & Bird (Helsinki)
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Bird & Bird (Helsinki)
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 in (...)

The Czech Republic Supreme Court confirms that invoking trademark rights to prevent parallel imports can be an abuse of dominant position (Fiskars / Mountfield)
Skils (Prague)
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 Danish Competition Authority reaches a decision regarding abuse of dominant position that leads to a huge damages settlement (Falck / BIOS)
Szecskay Attorneys at Law (Budapest)
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 US District Court for the Northern District of California denies motion for summary judgment that a company’s standard essential patent licensing practices breached its FRAND obligations (ASUS / InterDigital)
Hogan Lovells (Washington)
,
Hogan Lovells (Washington)
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Baker McKenzie (Washington D.C.)
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 Ontario Superior Court holds that misleading information can trigger class actions as a breach of the Competition Act (Rebuck / Ford Motor)
Steve Szentesi Law Corporation (Vancouver)
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 Cypriot Commission 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 LLC (Cyprus)
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 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)
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 two (...)

The US District Court Southern District of California receives a claim from a smartphone manufacturer against one of its suppliers over allegedly abusive wireless patents (Apple / Qualcomm)
DLA Piper Weiss-Tessbach (Vienna)
Apple and Qualcomm proceeding* In January 2017 Apple filed suit against Qualcomm over its allegedly abusive licensing practices regarding wireless patents. Apple filed patent, antitrust and breach of contract claims against Qualcomm; this could result in damages of billions of dollars. (...)

The Beijing Intellectual Property Court finds an ad-block app breaching unfair competition provisions ( Feihu Information Technology Tianjin Company and Sohu / Beijing Xiaoyi Interaction Network Technology)
University of Melbourne
,
Hogan Lovells (Beijing)
,
China Competition Bulletin (Beijing)
On 2 April 2017, the Beijing Intellectual Property Court upheld the first-instance judgement relating to an unfair competition claim brought by Feihu Information Technology Tianjin Company and Sohu against Beijing Xiaoyi Interaction Network Technology. Xiaoyi operated an app that could play 30 (...)

The US District Court of Appeals for the Tenth Circuit rejects claims challenging a medical-surgical distributor’s discount scheme (Suture Express / Cardinal Health / Owens & Micro)
Hausfeld (New York)
Cases in which vertical restraints are challenged under Section 1 of the Sherman Act often require proof that the defendant has “market power”—the power “to force a purchaser to do something that he would not do in a competitive market,” which usually takes the form of a seller’s ability “to raise (...)

The US Court of Appeals for the Tenth Circuit affirms a lower Court decision and dismisses the complaint due to difficulties to prove the possessed market power and the adverse effects on competition (Suture Express / Cardinal Health / Owens & Micro)
Mc Dermott Will & Emery (Irvine)
In an antitrust case involving bundled discount on sutures, the United States Court of Appeals for the Tenth Circuit affirmed a lower court decision granting summary judgment in favor of defendants Cardinal Health 200, LLC and Owens & Micro Distribution, Inc. The Tenth Circuit held that (...)

The EU Court of Justice hands down a judgment on a reference for a preliminary ruling stating that comparative advertising can be misleading if consumers are not provided with information on the different format or size of shops where the products are sold (ITM / Carrefour)
McDermott Will & Emery (Paris)
UNFAIR COMMERCIAL PRACTICES: THE EUROPEAN COURT OF JUSTICE SPECIFIES CRITERIA FOR COMPARATIVE ADVERTISING* On 8 February 2017, the European Court of Justice (ECJ) handed down a judgment on a reference for a preliminary ruling stating that comparative advertising can be misleading if consumers (...)

The Romanian High Court of Cassation and Justice confirms the right to compensation of a company that suffered damages following the imposition of discriminatory conditions by the incumbent postal service provider in relationship with its customers (Mailers Serv / Compania Nationala Posta Romana)
Romanian Competition Council (Bucharest)
On 28.7.2011, Mailers Serv S.R.L. (in insolvency) brought an action for damages before the Tribunalul Bucuresti, Sectia Civila against CNPR claiming the difference of the discounts that would have received as a customer of CNPR if the latter would have applied the same conditions as to the (...)

The Canadian Competition Tribunal denies a company leave to commence a private application in a refusal to deal case (CarGurus)
Cassels Brock (Toronto)
Used car listing website operator CarGurus Inc.’s attempt to force rival Trader Corporation to supply it with vehicle listing data has encountered a dead end as the Competition Tribunal denied it leave to commence a private application under several provisions of the Competition Act. This (...)

The Canadian Competition Tribunal turns down leave application on refusal to deal (CarGurus)
Steve Szentesi Law Corporation (Vancouver)
Competition Tribunal Denies Car Listing Refusal to Deal Leave Application and Establishes New Price Maintenance Law* On October 14, 2016 the Canadian Competition Tribunal (“Tribunal”) released an important Competition Act (“Act”) private application leave case (see:CarGurus Inc v Trader (...)

The Indian Competition Authority opens an investigation into alleged abuse of dominance practices by the national gas supplier with its customers (Rico Auto / Omax Autos / Rico Castings / GAIL Gas Authority of India)
Vaish Associates Advocates (New Delhi)
CCI initiates investigation against Gas Authority of India Limited (GAIL) for alleged abuse of dominance* CCI by its order dated October 3, 2016 has directed investigation against GAIL for alleged abuse of dominant position in relation to gas supply agreements (GSAs) with its customers. The (...)

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

Mergers

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)
Baker Botts (Washington)
,
Baker Botts (Washington)
On February 18, 2021, the U.S. Court of Appeals for the Fourth Circuit upheld the first divestiture order in an antitrust suit brought by a private plaintiff which challenged its rival’s acquisition four years after the transaction. Post-consummation merger challenges are rare and—until now—have (...)

The 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)
,
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
,
Skadden, Arps, Slate, Meagher & Flom (New York)
On August 31, 2020, the Delaware Chancery Court issued an opinion in litigation between Anthem and Cigna related to the contract in their terminated merger. In its sprawling 306-page opinion, the court detailed a “corporate soap opera” in which the parties’ “battle for power spanned multiple acts.” (...)

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)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 Ambarlı (...)

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)
Jones Day (Houston)
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Jones Day (Washington DC)
,
Jones Day (Washington DC)
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 new (...)

The US District Court for the Eastern District of Virginia requires divestiture in a long-consummated merger (Steves & Sons / Jeld-wen)
Jones Day (Houston)
,
Jones Day (Washington DC)
,
Jones Day (Washington DC)
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. (...)

State Aids

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

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

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

The EU Commission approves €6 billion German scheme to compensate public transport companies for damages suffered due to COVID-19 outbreak Free
DG COMP (Brussels)
State aid: Commission approves €6 billion German scheme to compensate public transport companies for damages suffered due to coronavirus outbreak* The European Commission has approved, under EU State aid rules, a €6 billion German scheme to compensate companies providing regional and local (...)

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

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

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

The EU General Court dismisses the appeal of financial services companies which wanted to annul a State aid (BPC Lux 2)
College of Europe (Bruges)
Bail-in Is the Responsibility of Member States* Introduction Investors in banks who lost their money have sought compensation both at EU and national level. So far, claims for damages at EU level have been unsuccessful. In some instances, the cases before EU and national courts have been (...)

The EU Court of Justice holds that the EU rules does not impose time limitation rules when national courts deal with claim for damages arising from non-notified aid (Fallimento Traghetti del Mediterraneo)
College of Europe (Bruges)
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

Procedures

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

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

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

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

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

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

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

The UK Supreme Court gives guidance on collective proceedings in competition appeal tribunal in the financial services sector (Merricks / Mastercard)
Shearman & Sterling (London)
,
Shearman & Sterling (Brussels)
,
Shearman & Sterling (London)
In our May 2020 Competition Litigation Update, we covered the hearing of the landmark Supreme Court case of Mastercard Incorporated v Walter Hugh Merricks [2020] UKSC 51. The Supreme Court has now handed down its judgment in the case which concerned the test for the certification of collective (...)

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

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

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

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

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

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

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

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

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

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

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

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

The EU Court of Justice Advocate General Saugmandsgaard Øe considers that the special jurisdiction rule for tort disputes under Brussels I Bis applies to civil liability actions based on an infringement of competition law (Wikingerhof)
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
On 10 September 2020, Advocate General Saugmandsgaard Øe rendered his non-binding opinion in the context of a preliminary reference request from the German Federal Court of Justice on the interpretation of Article 7(2) of Regulation 1215/2012 (“Brussels I Bis”). This Article provides that in (...)

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

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

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

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

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

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

The UK High Court issues guidance on the balancing of conflicting interest in a case involving the protection of a big tech’s confidential and technical information concerning its search algorithms (Foundem / Google)
Hausfeld (London)
,
Hausfeld (London)
,
Hausfeld (London)
Introduction There is an emerging trend in competition damages cases in England for the majority of documents to be disclosed into so-called “confidentiality rings.” These restrictive confidentiality procedures can result, in certain instances, in the parties themselves being precluded from (...)

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

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

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

The EU Court of Justice clarifies the eligibility requirements of claims for indirect damages caused by a violation of Art. 101 TFEU (Otis / Land Oberösterreich)
University of Liège
The parties Otis GmbH, is an Austria based manufacturer and provider of maintenance services for elevators and escalators. Taken over in 1969, they are now a subsidiary of the American Otis Elevator Company Corp. Schindler (Schindler Liegenschaftsverwaltung GmbH and Schindler Aufzüge und (...)

The Spanish Provincial Court of Valencia annuls a lower court’s judgment and argues in favour of the principal of personal liability in a claim for damages in a truck cartel case (Man Truck / Bus Iberia)
Bird & Bird (Madrid)
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Ecija & Asociados (Madrid)
On 5 December 2019, the Provincial Court of Valencia upheld the appeal lodged by MAN Truck & Bus Iberia S.A. (a Spanish subsidiary of the worldwide truck producer MAN) against the Judgment of a lower court admitting the possibility to claim for damages from the Spanish subsidiary where the (...)

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

The US Court of Appeals for the DC Circuit affirms the denial of class certification for failing to satisfy the requirement for predominance (In re Rail Freight Fuel Surcharge Antitrust Litigation)
Paul Weiss (New York)
,
Paul Weiss (Washington)
,
Paul Weiss (Washington)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On August 16, 2019, the United States Court of Appeals for the District of Columbia Circuit affirmed the denial of class certification in In re Rail Freight Fuel (...)

The EU Commission consults stakeholders on guidance for national courts when handling disclosure information in proceedings for the private enforcement
DG COMP (Brussels)
Antitrust: Commission consults stakeholders on guidance for national courts when handling disclosure information* The European Commission is inviting comments on a draft communication to assist national courts in dealing with requests to disclose confidential information in proceedings for the (...)

The EU Court of Justice rules on jurisdiction in private damages actions for infringement of competition law in absence of contractual link between parties to cartel (Tibor-Trans / DAF Trucks)
Court of First Instance of Namur (Namur)
On 29 July 2019, the Court of Justice of the European Union (the “ECJ”) handed down a judgment in which it held that a domestic court in an EU Member State has jurisdiction to rule on a follow-on competition damages claim even when no direct contractual link exists between the participant to a (...)

The EU Court of Justice provides guidance on the interpretation of the place of the harmful event under Regulation Brussels I bis for the determination of alternative grounds of jurisdiction in pan-European cartel damages cases (Tibor-Trans / DAF Trucks)
CDC Cartel Damage Claims (Brussels)
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CDC Cartel Damage Claims (Brussels)
With its judgment of 29 July 2019 in Case C-451/18,Tibor-Trans (the ‘Judgment’), the EU Court of Justice (the ‘CJEU’) clarified the competence of national courts to hear damage actions relating to pan-European infringements of Art. 101 TFEU under Regulation 1215/2012 Brussels I bis (in short (...)

The EU Commission adopts guidelines on passing-on for national courts
Hausfeld (London)
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Hausfeld (Düsseldorf)
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Hausfeld (Berlin)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 1 July 2019, the European Commission (the “Commission”) adopted guidelines designed to provide national courts with guidance in estimating the share of (...)

The EU Commission issues guidelines for national courts on how to calculate the pass-on of price overcharges related to infringements of EU antitrust rules
Callol, Coca & Asociados (Madrid)
The European Commission has issued guidelines for national courts on how to estimate the passing-on of overcharges to indirect purchasers of goods and services affected by infringements of Articles 101 and 102 TFEU. The guidelines have been issued pursuant to Article 16 of the Antitrust Damages (...)

The US District Court for the Northern District of Texas dismisses the first blockchain antitrust case for alleged abuse of dominance position related to bitcoin (Gallagher / The Bitcoin Foundation)
Utrecht University
We often talk about “history books” as if such things still existed, or mattered. Oh well, for what it’s worth, let me discuss the first (U.S.) case of blockchain antitrust. We long thought United American Corp. v. Bitmain was the one (read). In this case (filed in December 2018), United American (...)

The Italian Supreme Court clarifies the evidentiary value of a competition infringement established by the Bank of Italy in follow-on actions (Bosco / Banca Popolare di Bergamo)
Giannino SI (Monserrato)
Introduction By the judgment handed down in Bosco v Banca Popolare di Bergamo, the Italian Court of Cassation has considered the evidentiary value of a decision made by the Bank of Italy concerning an anti-competitive practice in the banking sector. The question addressed by the Court of (...)

The US Supreme Court rules that purchasers of apps from a big tech company’s online store can bring an antitrust suit for overcharges (Apple / Pepper)
Hausfeld (New York)
On May 13th, the U.S. Supreme Court, in a 5-4 decision, affirmed the Ninth Circuit’s decision denying a motion to dismiss a consumer class action claiming that Apple monopolized the after-market in its sales of iPhone software applications (hereinafter “apps”) by charging app developers a 30% fee (...)

The US Supreme Court holds that the claims of consumers purchasing apps from a big tech app store may proceed as they are direct purchasers of the big tech company (Apple / Pepper)
Covington & Burling (Washington)
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Covington & Burling (Washington)
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Covington & Burling (Washington)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Appellate and Supreme Court On May 13, 2019, the Supreme Court (“the Court”) announced its 5-4 decision in Apple, Inc. v. Pepper, permitting iPhone users to (...)

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

The US Supreme Court rejects an attempt to block consumer claims against a big tech company under the indirect-purchaser rule (Apple / Pepper)
Jones Day (Silicon Valley)
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Jones Day (Houston)
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Jones Day (Los Angeles)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In May 2019, the U.S. Supreme Court issued a 5–4 decision in Apple v. Pepper, one of the Court’s most significant antitrust rulings of the last several years. In a (...)

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

The U.S. Supreme Court rejects an attempt to block consumer claims against a big tech company under indirect purchaser rule (Apple / Pepper)
Constantine Cannon (New York)
Apple v. Pepper: Supreme Court Rejects Attempt to Block Consumer Claims Under Indirect-Purchaser Rule* The Supreme Court on Monday issued a much-anticipated decision in the Apple v. Pepper case, where iPhone owners are accusing Apple of monopolizing the retail market for iOS applications, or (...)

The US Supreme Court increases the risk that online marketplaces with exclusive rights to third-party products will not have a defense under the “indirect purchaser” doctrine (Apple / Pepper)
Baker Botts (San Francisco)
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Baker Botts (Washington)
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Baker Botts (Washington)
On May 13, 2019, the U.S. Supreme Court issued a major antitrust decision in Apple v. Pepper, which could have far-reaching implications for retailers and platforms accused of monopolistic conduct. For example, the case increases the risk that any online marketplace with exclusive rights to (...)

The Milan Court provides guidance on the application of the Italian Code of Civil Procedure to a private enforcement action following the decision of the EU Commission imposing fines on a truck cartel (Torchiani / Tecnofoodpack / Iveco)
White & Case (Milan)
1.- Introduction After the adoption of the European Commission Decision, on 19 July 2016, imposing fines of over 2.9 billion Euro on the most important truck manufacturers (i.e. the so-called case AT.39824 – Trucks), a copious series of antitrust damages actions have been promoted all over (...)

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

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

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

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

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

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

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

The EU Court of Justice holds that national rules on limitation of antitrust damages claims may violate the principle of effectiveness (Cogeco)
Sérvulo (Lisbon)
The first preliminary ruling on Directive 2014/104/EU: Case 637/17 Cogeco* Introduction With two major decisions, March 2019 was an interesting month with regard to the Court of Justice’s (also ‘ECJ’) case-law on private enforcement of competition law: Skanska (C-724/17) and Cogeco (C-637/17). (...)

The EU Court of Justice rules on the scope of a national limitation period in light of the Damages Directive (Sport TV / Cogeco)
Court of First Instance of Namur (Namur)
On 28 March 2019, the Court of Justice of the European Union (“ECJ”) ruled on a preliminary reference from a Portuguese court on the scope of the Portuguese limitation period in light of Directive 2014/104 on certain rules governing actions for damages under national law for infringements of the (...)

The EU Court of Justice holds that national rules on limitation of antitrust damages claims may violate the principle of effectiveness (Cogeco)
Hogan Lovells (Munich/Frankfurt)
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Hogan Lovells (Munich/Frankfurt)
The European Court of Justice in Cogeco rejects a direct effect of the Damages Directive in the pre-implementation phase, but establishes that the principle of effectiveness may itself render national rules on limitation of antitrust damages claims ineffective. The European Court of Justice (...)

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

The EU Court of Justice Advocate General Juliane Kokott recommends that the EU Damages Directive not apply to proceedings that begun in a Member State before the transposition of the Directive (Cogeco / Sport TV Portugal)
Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
Following the decision of the Portuguese Competition Authority finding that Sport TV had engaged in an abuse of dominance between 2006 and 2011, in February 2015, Cogeco, a Canadian cable company, brought an action for damages against Sport TV Portugal . Cogeco claimed that the EU Damages (...)

The EU Court of Justice sets aside General Court judgments granting damages for excessively long judicial proceedings (Gascogne / Kendrion / Plasticos Españoles)
Court of First Instance of Namur (Namur)
On 13 December 2018, the Court of Justice of the European Union (“ECJ”) delivered three judgments on separate appeals brought against judgments of the General Court (“GC”) by Gascogne Sack Deutschland (“Gascogne”), Kendrion and Plasticos Españoles (together with its parent company Armando Álvarez) in (...)

The US Supreme Court hears oral arguments to determine whether iPhone App Store customers are Apple direct purchasers in order to pursue the Big Tech monopoly claims (Apple / Pepper)
Wolters Kluwer (Chicago)
Will High Court allow consumers to pursue Apple Monopoly claims?* The Supreme Court heard oral arguments on November 26 in a suit alleging that the Ninth Circuit erred in holding that iPhone App Store customers were direct purchasers of those apps and had standing to sue Apple for the (...)

The EU Court of Justice rules on the applicability of contractual jurisdiction clauses in the context of abuse of a dominant position, ruling that some competition law violations are more contract related than others (Apple / MJA)
Latham & Watkins (Brussels)
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Liège University (Liège)
With its judgment the European Court of Justice (‘ECJ’) confirms its previous case law indicating that the criterium to determine whether a competition law violation is covered by a contractual jurisdiction clause is the existence of a ‘contractual link’, adding that this is the case even when such (...)

The EU Court of Justice holds that a jurisdiction clause is not excluded when it does not expressly refer to disputes relating to liability resulting from an abuse of dominant position (Apple / MJA)
McDermott Will & Emery (Paris)
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McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
Application of Jurisdiction Clauses to Competition Damages Actions Depends on Cause of Action* Summary The European Court of Justice (ECJ) recently ruled that a jurisdiction clause does not need to refer expressly to disputes arising from a breach of competition law where damages are claimed (...)

The EU Court of Justice rules that jurisdiction clauses subject to EU law may be enforced by member states in actions for damages for abuse of dominance (Apple / MJA)
Cleary Gottlieb Steen & Hamilton (Paris)
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Cleary Gottlieb Steen & Hamilton (Paris)
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Cleary Gottlieb Steen & Hamilton (London)
European Court of Justice Issues Important Judgment Related to Jurisdiction Clauses for Antitrust Actions* In a recent judgment providing a preliminary ruling in the case, Apple Sales International et al. v. EBizcuss.com (C-595/17, October 24, 2018), the Court of Justice of the European Union (...)

The EU Court of Justice holds that claims alleging abuse of dominance could come within the terms of a jurisdiction clause even where the clause did not expressly refer to claims based on competition law (Apple MJA)
McCann FitzGerald (Dublin)
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McCann FitzGerald (Dublin)
Competition Disputes: Will a Jurisdiction Clause Govern Where They are Brought?* The European Court of Justice (CJEU) held recently in Apple Sales International v MJA acting as liquidator of eBizcuss.com that claims alleging abuse of a dominant position could come within the terms of a (...)

The EFTA Court renders a judgment on the limitation period for damages claims (Nye Kystlink / Color Group and Color Li)
Court of First Instance of Namur (Namur)
On 17 September 2018, the Court of Justice of the European Free Trade Association States (the “EFTA Court”) handed down its judgment in Nye Kystlink AS v Color Group AS and Color Line, Case E-10/17, answering preliminary questions asked by Norway’s Borgarting Court of Appeal (Borgarting (...)

The EU Commission publishes draft guidelines intended to give national courts guidance in determining the extent to which overcharges based on infringements of Art. 101 and 102 of the TFEU have been passed on to indirect customers, including final consumers
Hausfeld (Düsseldorf)
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Hausfeld (Berlin)
Following the European Directive 2014/104/EU on damages actions for breaches of EU antitrust law (“Damages Directive”), which strengthens the right to compensation for indirect customers of the cartelists, the European Commission (“Commission”) published draft guidelines intended to give national (...)

The EU Court of Justice clarifies territorial jurisdiction criteria for damages proceedings resulting from competition infringements (FlyLAL)
Court of First Instance of Namur (Namur)
On 5 July 2018, the Court of Justice of the European Union (ECJ) rendered a preliminary ruling on territorial jurisdiction in a long-running dispute brought by Lithuanian Airlines (“flyLAL”) against Air Baltic and Riga Airport. The case was referred to the ECJ by a Lithuanian court in order to (...)

The EU Court of Justice clarifies jurisdiction in tortious claims and claims relating to acts of branches, which arise from competition infringements (Flylal-Lithuanian Airlines)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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Norton Rose Fulbright (Brussels)
On 5 July 2018, the CJEU handed down a judgment in response to a request for a preliminary ruling from the Lithuanian Court of Appeal in which it provided welcome clarifications of the interpretation of Articles 5(3) and 5(5) of Regulation No 44/2001 (Brussels I Regulation). These articles (...)

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

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

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

The EFTA Court clarifies the applicable legal regime for private enforcement and margin squeeze (Fjarskipti / Siminn)
Giannino SI (Monserrato)
Following a request for an advised opinion made by an Icelandic judge, the EFTA Court has handed down a judgement in the Fjarskipti v Siminn case touching on some procedural and substantive competition law issues. The EFTA Court clarified which are the rules that in the EFTA legal system apply (...)

The US DoJ Antitrust Division names deputy assistant attorney general for criminal enforcement
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
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Skadden, Arps, Slate, Meagher & Flom (Washington DC)
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Skadden, Arps, Slate, Meagher & Flom (Washington DC)
Richard A. Powers has recently joined the Department of Justice (DOJ) Antitrust Division as the acting deputy assistant attorney general (DAAG) for criminal enforcement and is expected to take on the role permanently. This is important because Mr. Powers will serve as the Antitrust Division’s (...)

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

The EU Commission proposes a harmonized approach to collective redress such as group or class actions
Skadden, Arps, Slate, Meagher & Flom (London)
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Skadden, Arps, Slate, Meagher & Flom (Frankfurt)
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Skadden, Arps, Slate, Meagher & Flom (London)
Despite 20 years of robust legislative activity in the field of consumer protection and the 2013 European Commission recommendation on collective redress mechanisms, a harmonized approach to collective redress such as group or class actions does not exist throughout the European Union. That may (...)

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

The High Court of England and Wales provides guidance determining the applicable law in competition actions (Deutsche Bahn / Mastercard)
Blackstone Chambers (London)
Applicable law in competition infringements: Deutsche* The recent judgment of Barling J in Deutsche Bahn AG v MasterCard offers important guidance on determining applicable law in competition actions. Practitioners dealing with competition infringements which stretch back prior to the entry (...)

The EU General Court confirms the Commission’s decision in refusing access to its files during a cartel proceeding in the financial sector (Edeka-Handelsgesellschaft)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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Norton Rose Fulbright (Brussels)
This judgment arises out of an application by Edeka- Handelsgesellschaft Hessenring mbH (Edeka) for access to the EC’s decision and table of contents of the file in settlement proceedings concerning four banks involved in the Euro Interest Rate Derivatives (EIRD) cartel. The judgment illustrates (...)

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

The Federal Court of Appeal of Ottawa denies the Competition Bureau public interest privilege (Vancouver Airport Authority)
Norton Rose Fulbright (Toronto)
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Norton Rose Fulbright (Toronto)
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Norton Rose Fulbright (Toronto)
Last April, the Competition Tribunal (Tribunal) rejected arguments that the Tribunal’s longstanding approach to public interest privilege should re-evaluated and found that class privilege protected documents from disclosure that the Competition Bureau (Bureau) had collected from third parties (...)

The Brussels Court of Appeal clarifies the obligation of the Competition Authority to provide statement of reasons regarding documents seized during dawn raids (Distripaints / Novelta)
Court of First Instance of Namur (Namur)
On 13 December 2017, the Brussels Court of Appeal (the “Court”) held that documents seized by the Belgian Competition Authority (“BCA”) during an inspection had been legally included in the scope of the investigation as the BCA had provided a satisfactory statement of reasons following a (...)

The EU Court of Justice rules that the Commission commitments procedure does not preclude national Competition Authority or courts from applying EU competition law and considering any agreement anti-competitive (Gasorba / Repsol)
Callol, Coca & Asociados (Madrid)
In its Judgment of 23 November 2017, the ECJ analysed the implications of the Commission commitments procedure (Article 9 of Council Regulation 1/2003) when it comes to the adjudication by national courts on the same facts. The commitments procedure is a mechanism whereby the European (...)

The EU Court of Justice receives the first preliminary ruling request on the applicability of the EU Damages Directive (Cogeco / Sport TV Portugal)
Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
A Portuguese court (Tribunal Judicial da Comarca de Lisboa) has referred the first preliminary ruling request on Directive 2014/104 ("the EU Damages Directive") to the Court of Justice of the EU. The reference of the case is C-637/17. The main question referred by the Portuguese court aims at (...)

The German Parliament approves statutory amendments addressing private competition enforcement
Hausfeld (Berlin)
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Hausfeld (Berlin)
Both houses of German parliament, the German Bundesrat (German Federal Council) and the Bundestag (German House of Representatives), have finally approved the long-awaited ninth amendment to the Act against Restraints of Competition, which in particular addresses private antitrust enforcement (...)

The UK High Court renders a judgment significantly restricting the temporal scope of the claims in four air cargo cartel damages actions (Emerald Supplies)
Shearman & Sterling (Brussels)
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Reed Smith (Brussels)
On 4 October 2017, the High Court gave a judgment on a preliminary issue significantly restricting the temporal scope of the claimants’ claims in four air cargo cartel damages actions. This judgment is the last in a series of adverse judgments for the claimants in these proceedings. Background (...)

The Regional Court of Dortmund holds that standard arbitration agreements apply to cartel damages actions if and when the alleged conduct coincides with a breach of contract deviating from the EU Court of Justice foreseeability theory established for jurisdiction clauses (C. / N.)
Hogan Lovells (Munich/Frankfurt)
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Hogan Lovells (Munich/Frankfurt)
1. Introduction The question of whether cartel damages claims can be tried in arbitration under so-called ’standard’ arbitration agreements – meaning not explicitly referencing tortious or even specifically antitrust damages claims – has recently been the subject of much debate. Regarding (...)

The Cyprus Parliament implements the EU damages directive
Antoniou McCollum & Co. (Nicosia)
Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States (the “Damages Directive“) has been transposed into Cyprus law. The (...)

The Moldovan Supreme Court of Justice clarifies the rules on the appointment of the members of the Competition Authority (Feodor Gladii)
University of Macau - Faculty of Law (Macau)
On 19 July 2017, the Supreme Court of Justice (SCJ) of the Republic of Moldova has clarified the procedural rules concerning the appointment of the members of the Competition Council (CC) in a case concerning the alleged discrimination at the workplace. The Moldovan Competition Law provides (...)

The Belgium Administration adopts legislation transposing the EU directive on private antitrust damages
Jones Day (Brussels)
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Jones Day (Brussels)
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Jones Day (Brussels)
On June 6, 2017, Belgium adopted legislation ("Law") transposing the EU directive on private antitrust damages (Directive 2014/104, ("Directive")). The Law became applicable on June 22, 2017, and is expected to boost private competition law enforcement in Belgium and should enhance the full (...)

The Spanish government implements the EU antitrust damages directive
Callol, Coca & Asociados (Madrid)
The government has issued an urgent Royal Decree-Law 9/2017 of 26 May (RDL) implementing Directive 2014/104/UE, of the European Parliament and the Council, of 26 November 2014 (Directive) into Spanish law. A Royal Decree-law is an instrument used by the government to legislate on matters that (...)

The Belgian Parliament implements the EU Damages Directive
Contrast (Brussels)
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Hogan Lovells (Brussels)
Damage Control: The implementation of the EU Damages Directive in Belgium* On 18 May 2017, the Belgian Parliament transposed the EU Damages Directive (the “Directive“) into national law by way of the Act on Damage Claims for Breaches of Competition Law (the “Act“), which was published on 12 June (...)

The Slovenian Parliament adopts an amended Competition Act implementing the EU Damages Directive into national law
Fatur Law Firm (Ljubljana)
Introduction The National Assembly of the Republic of Slovenia adopted in May 2017 the Act amending the Prevention of the Restriction of Competition Act (hereinafter referred to as the Competition Act), thus completing the process of implementing the Directive 2014/104/EU of the European (...)

The German Federal States Council approves reform of the national competition law
Heinz & Zagrosek (Köln)
Germany adopts competition law reform* Following the Parliament’s approval in early March, the Federal States Council, Germany’s second legislative chamber, has approved the most recent reform to German competition law on March 31, 2017. The new law will enter into force upon publication in the (...)

The Dutch District Court of Gelderland dismisses a company’s passing-on defence in private enforcement litigation (ABB / TenneT)
Court of First Instance of Namur (Namur)
On 29 March 2017, the District Court of Gelderland (the “Court”) dismissed a passing-on defence put forward by the Swiss technology company ABB in a cartel damages case initiated by the Dutch network grid operator TenneT. TenneT claimed that it had incurred damages as a result of higher prices (...)

The French administration implements the EU Directive 2014/104 on antitrust damages actions (Decree n° 2017-305)
Franklin (Paris)
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United Kingdom’s Competition Authority - CMA (London)
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On 10 March 2017, France finally implemented into French law the EU Directive 2014/104 of 26 November 2014 on antitrust damages actions (see our Special Report) through Order n° 2017-303 and its implementing Decree n° 2017-305 of 9 March 2017. France was more than two months late, but there are (...)

The German Parliament implements the EU Antitrust Damages Directive
Cleary Gottlieb Steen & Hamilton (Cologne)
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Cleary Gottlieb Steen & Hamilton (Cologne)
On March 10, 2017, the German Parliament adopted the 9th amendment to the German Act against Restraints of Competition (“9th Amendment”). While many of the revisions are of a declaratory nature, some changes should make cartel damages actions in Germany more attractive – in particular the new (...)

The Italian Council of Ministers approves a Legislative Decree implementing the EU Antitrust Damages Directive
McDermott Will & Emery (Paris)
Finally Implemented! The Italian Council of Ministers Approves a Legislative Decree Implementing the EU Antitrust Damages Directive* On 14 January 2017, the Italian Council of Ministers approved the Legislative Decree implementing Directive 2014/104/EU on certain rules governing actions for (...)

The Swedish government passes a new Competition damages act in order to implement the Directive on antitrust damages actions
Delphi (Stockholm)
The new Swedish Competition Damages Act* The Swedish implementation of the Directive on Antitrust Damages Actions (the “Directive”) is in force as of 27 December 2016 with the entering into force of the Swedish Competition Damages Act (Sw. Konkurrensskadelag (2016:964)) (the “Act”). The (...)

The UK Parliament implements the EU antitrust damages directive
Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
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Cleary Gottlieb Steen & Hamilton (London)
The Damages Directive seeks to promote private enforcement of EU competition law before national courts across the European Union (the “EU”). The UK Regulations implementing the Directive were laid before Parliament on 20 December 2016 but will not come into force until after they have (...)

The Supreme People’s Court of China dismisses retrial application of alleged abuses of market dominance (Mr Tong / Shanghai branch of China Mobile)
Hogan Lovells (Beijing)
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University of Melbourne
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China Competition Bulletin (Beijing)
On 28 November 2016, the Supreme People’s Court (SPC) dismissed a petition for retrial brought by Mr Tong Hua against the Shanghai branch of China Mobile for its alleged abuse of market dominance. This case had already been before the Shanghai IntermediatePeople’s Court twice and the Shanghai (...)

The EU Commission publishes study on the passing-on of overcharges
Court of First Instance of Namur (Namur)
On 25 October 2016, the European Commission’s Directorate-General for Competition (“DG Comp”) published an expert study on potential approaches for national courts to assess the passing-on of overcharges in competition litigation (“the Study”). The Study aims to provide judges and practitioners (...)

The Beijing High People’s Court dismisses first follow-on damages suit under the Anti-Monopoly Law of China (Mr Tian Junwei / Abbott infant formula)
Hogan Lovells (Beijing)
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University of Melbourne
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China Competition Bulletin (Beijing)
On 22 August 2016, the Beijing High People’s Court issued its judgment in the first follow-on damages antitrust case, dismissing an appeal for insufficient evidence. The judgment was released on 4 November 2016. In the case, the plaintiff, Mr Tian Junwei, had bought a box of Abbott infant (...)

The Administrative Court of Dusseldorf rules on the right to access cartel damages proceeding file before the labour court (Local transportation company)
Court of First Instance of Namur (Namur)
In a judgment of 7 July 2016, the Administrative Court Düsseldorf (the “Court”) annulled the prior decision of the President of the Higher Labour Court Düsseldorf (the “President”) who had denied a potential cartel victim access to the file of a cartel damages proceeding before the Higher Labour (...)

The German Federal Ministry of Economic Affairs publishes a ministerial draft of the ninth amendment to the German Act against restraints of competition
Hausfeld (Berlin)
On July 1, 2016, the German Federal Ministry of Economic Affairs published the ministerial draft of the 9th amendment to the German Act against Restraints of Competition (the “Draft”). The Draft implements the European Union directive governing actions for damages for infringements of competition (...)

The German Federal Ministry of Economic Affairs publishes a draft law implementing the EU Damages Directive
Hausfeld (Berlin)
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Hausfeld (Berlin)
Draft German law implementing EU Damages Directive* On Friday, 1 July 2016, the German Federal Ministry of Economic Affairs finally published its draft law implementing the European Union directive governing actions for damages for infringements of competition rules (“Damages Directive”). The (...)

Regulatory

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

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

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

The German Federal Ministry of Economic Affairs and Energy publishes a draft bill that partly serves to implement the ECN + directive
Bird & Bird (Dusseldorf)
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 Hellenic Parliament publishes its new law in relation to the actions for damages for antitrust infringements
Kyriakides Georgopoulos Law Firm (Athens)
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Kyriakides Georgopoulos Law Firm (Athens)
Law 4529/2018 Actions for Damages from Antitrust Infringements Law 4529/2018 was published on March 23, 2018, incorporating into Greek Law Directive 2014/104/EU on private damages arising out of competition law infringements. Highlights of the law include specific rules on the disclosure of (...)

The Italian Council of Ministers enters into force Legislative Decree no. 3/2017, implementing in Italy the EU Parliament’s Directive no. 2014/104 / EU, which sets rules governing actions for damages caused by infringements of EU and national competition law
Freshfields Bruckhaus Deringer (Rome)
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Freshfields Bruckhaus Deringer (Rome)
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Freshfields Bruckhaus Deringer (Rome)
Legislative Decree no. 3/2017 (“Decree”) enters into force today, implementing in Italy Directive no. 2014/104 / EU of the European Parliament and of the Council of 26 November 2014, which sets the rules governing actions for damages caused by infringements of EU and national competition law. (...)

The US FTC and DOJ publish the proposed antitrust guidelines for international enforcement and cooperation
Jones Day (Cleveland)
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Jones Day (Washington DC)
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Jones Day (Washington DC)
The Federal Trade Commission and the Department of Justice have published for public comment proposed Antitrust Guidelines for International Enforcement and Cooperation ("2016 Proposed Guidelines"). This would be the third iteration of international enforcement guidelines, following the (...)

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