Private enforcement

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

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

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European University Institute (Florence)
Italy 11 contributions 5200 visits

General antitrust

 The German Government passes a new amendment on the German Competition Law which grants new powers to the German Competition Authority
Herbert Smith Freehills (Düsseldorf)
Germany 22 contributions 5734 visits
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Herbert Smith Freehills (Düsseldorf)
Germany 16 contributions 4365 visits
The German Parliament has passed the 11th reform of the German Act against restraints of competition (ARC). The reform will take effect soon and has three major components: The Federal Cartel Office (FCO) is granted the power to implement behavioural or structural measures if a market (...)

The German Government passes a new amendment of the Competition Law which substantially expands the Competition Authority’s enforcement powers
White & Case (Düsseldorf)
Germany 36 contributions 14313 visits
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White & Case (Düsseldorf)
Germany 3 contributions 2526 visits
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White & Case (Düsseldorf)
Germany 1 contribution 80 visits
On July 6, 2023, the German Parliament passed the 11th amendment to the German Act Against Restrictions of Competition ("ARC"), substantially expanding the Federal Cartel Office’s ("FCO") enforcement powers. The reform targets three main areas: Gives the FCO the power to impose behavioral or (...)

The Australian Federal Court confirms that the Government is not entitled to compensation for the delayed entry of generic clopidogrel into the Australian market (Sanofi / Apotex)
Ashurst (Melbourne)
Australia 1 contribution 59 visits
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Ashurst (Melbourne)
Australia 1 contribution 59 visits
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Ashurst (Melbourne)
Australia 1 contribution 59 visits
What you need to know The Commonwealth has failed in its appeal against a first instance decision which rejected the Commonwealth’s application for compensation from two originator pharmaceutical companies, Sanofi and Bristol-Myers Squibb (BMS). The Commonwealth was seeking compensation for (...)

The US State of New York Assembly adopts a bill to prohibit non-compete agreements
Shearman & Sterling (New York)
United States 1 contribution 57 visits
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Shearman & Sterling (New York)
United States 1 contribution 57 visits
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Shearman & Sterling (New York)
United States 1 contribution 57 visits
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On June 20, 2023, the New York State Assembly passed A1278B, which amends the state’s labor law to prohibit non-compete agreements (the “Bill”). The Assembly’s passage of the Bill, which comes on the heels of the New York State Senate’s June 7 passage of the Bill’s counterpart, is now headed (...)

The Spanish Court of Valencia applies the EU Court of Justice’s ruling on judicial damages estimation in a trucks cartel case (Tráficos Manuel Ferrer)
Allegro Consulting (Brussels)
Belgium 3 contributions 775 visits
Shortly after the publication of the Tráficos Manuel Ferrer judgment by the Court of Justice of the European Union (CJEU) in response to a request for a preliminary ruling (16 February 2023), the judge from the Valencia court who had referred the questions to the CJEU delivered his judgment in (...)

The Cambodian Parliament enacts its first law on competition
DFDL (Phnom Penh)
Cambodia 5 contributions 2903 visits
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DFDL (Phnom Penh)
Cambodia 1 contribution 211 visits
On 5 October 2021, the Law on Competition (No.NS/RKM/1021/013) (“Competition Law”) received royal assent on the basis that it should be promulgated urgently. This article will outline the regulatory regime created by the Competition Law, although many details are not yet clear pending (...)

The UK Competition Authority publishes a new Green Claims Code and announces that it will start carrying out a full review of misleading sustainability and environmental claims
White & Case (London)
Royaume-Uni 27 contributions 13362 visites
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White & Case (Brussels)
États-Unis 21 contributions 24373 visites
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White & Case (Brussels)
Belgique 35 contributions 13095 visites
UK clampdown on greenwashing As the importance of sustainability and eco-friendliness grows among consumers worldwide, the UK Competition and Markets Authority (CMA) has concerns that an increasing number of businesses misleadingly market their products and services as environmentally (...)

The UK Government publishes consultations on far-reaching reforms to competition and consumer laws which would substantially expand the powers of the Competition Authority and reduce procedural protections
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 60 contributions 26042 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 68 contributions 31653 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 78 contributions 58466 visits
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The U.K. government is consulting on far-reaching reforms to U.K. competition and consumer laws, which would substantially expand the powers of the Competition and Markets Authority (CMA) and reduce procedural protections. Key proposals include: Merger control jurisdiction enlarged: The CMA (...)

The Russian Supreme Court adopts a decree providing clarifications on antitrust matters that arise in court proceedings
Herbert Smith Freehills (Moscow)
Russia 1 contribution 239 visits
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Herbert Smith Freehills (Moscow)
Russia 1 contribution 239 visits
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Herbert Smith Freehills (Brussels)
Belgium 44 contributions 17596 visits
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In March, the Russian Supreme Court adopted a Decree providing clarifications on antitrust matters (the "Plenum Decree") . The Plenum Decree replaced most of the previous antitrust clarifications issued by the Supreme Commercial Court back in 2008. The new measure is comprehensive and covers (...)

The German Parliament passes the 10th amendment of the German Act against Restraints of Competition
Van Bael & Bellis (Brussels)
Belgium 24 contributions 4805 visits
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Van Bael & Bellis (Brussels)
Belgium 30 contributions 3974 visits
On 19 January 2021, the 10th Amendment of the German Act against Restraints of Competition (“ARC”) entered into force. The 10th Amendment, also referred to as the “Digitalisation Act”, introduces significant changes to German Competition Law. A previous issue of this newsletter (VBB on (...)

The EU Commission publishes a report on the implementation of the Damages Directive finding insufficient application in practice
Bird & Bird (Brussels)
Belgium 42 contributions 12150 visits
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Allen & Overy (Brussels)
Belgium 28 contributions 3262 visits
On 14 December 2020, the European Commission published a report on the implementation of Directive 2014/104/EU of the European Parliament and of the Council (“the Damages Directive”). Overall, the Commission is positive about the implementation of the Directive in the Member States, but the (...)

The EU Commission publishes a report on the implementation of the 2014/104/EU Damages Directive
Hausfeld (London)
United Kingdom 20 contributions 5142 visits
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Hausfeld (London)
United Kingdom 4 contributions 1960 visits
Almost exactly four years after the implementation deadline, the European Commission (the “EC”) has published a short report on 14 December 2020 on the implementation of its Directive 2014/104 (the “Damages Directive”) across the European Union (the “EU”). The primary aim of the Damages (...)

The EU Commission publishes a report on the damages directive
University of Vienna
Austria 5 contributions 957 visits
The Damages Directive 6 years later: the Commission published a report on the 2014 Damages Directive* Ever since the 2001 Courage judgment, private actions for damages are on the rise. The Commission wanted to quickly follow with a legislative act including minimum standards for private (...)

The US State of New York Senate proposes legislation to modernize its antitrust law and expand the State’s and private litigants’ ability to litigate against companies for anti-competitive conduct
Constantine Cannon (New York)
United States 3 contributions 2126 visits
New York Could Lead the Nation Into 21st Century Antitrust Enforcement* New York is on the verge of revamping state antitrust enforcement to tackle competition issues of the 21st Century. On September 14, 2020, the Consumer Protection Committee of the New York State Senate held a virtual (...)

The German Government publishes draft for new competition rules including a provision specifically aimed at powerful digital gatekeepers
Heinz & Zagrosek (Köln)
Germany 23 contributions 13075 visits
Draft German competition rules on powerful digital gatekeepers* The government’s draft for new competition rules, including on (digital) platforms, published in September 2020 (see here) includes a provision specifically aimed at powerful digital gatekeepers, draft Section 19a ARC. The (...)

The German Government submits a draft of the digitalisation act amending national competition law
Van Bael & Bellis (Brussels)
Belgium 24 contributions 4805 visits
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Van Bael & Bellis (Brussels)
Belgium 30 contributions 3974 visits
On 9 September 2020, the German Government tabled the draft 10th amendment of the German Act against Restraints of Competition (“ARC”), also referred to as the ARC Digitalisation Act. The draft amendment entails significant changes in the areas of abuse of dominance, merger control, cartel (...)

The EU Commission issues a communication setting out specific best practices and recommendations for national courts to protect confidential information in private litigation proceedings
Portolano Cavallo (Milan)
Italy 63 contributions 9789 visits
The protection of confidential information is an issue of increasing importance in today’s business relationships, as well as in cases of litigation before the courts. Indeed, the issue not only arises in connection with modern business contracts, where the parties may exchange in real time (...)

The Italian Government adopts a collective action reform aimed at making collective action proceedings available beyond consumer law
University of Trento (Trento)
Italy 1 contribution 262 visits
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University of Turin (Turin)
Italy 7 contributions 8519 visits
Introduction The new Italian collective action regime was adopted by law 12 April 2019, no. 31, but – after a further postponement occurred at the end of 2019 – it is now set to come into force on 19 November 2020. In particular, the remedy will only be available for claims filed after such (...)

The German Federal Ministry for Economic Affairs and Energy issues an update on the reform of national competition law
Court of First Instance of Namur (Namur)
Belgium 224 contributions 46553 visits
On 24 January 2020, the German Federal Ministry for Economic Affairs and Energy published an update of its draft 10th amendment to the Act against Restraints of Competition (the “ARC”), officially called the “ARC Digitization Act”. Compared to the initial draft (see VBB on Competition Law, (...)

The US State of California becomes the first State to enact legislation rendering certain pharmaceutical patent litigation settlement agreements presumptively anticompetitive
White & Case (Washington)
United States 50 contributions 27634 visits
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Allen & Overy (Palo Alto)
United States 17 contributions 13599 visits
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White & Case (New York)
United States 12 contributions 5908 visits
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This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On October 7, 2019, California became the first state to enact legislation— Assembly Bill 824 (“AB 824”)—rendering certain pharmaceutical patent litigation (...)

The Portuguese Parliament transposes Directive 2014/104/EU by adopting a new legal framework on the right to compensation for damages from infringements of competition law
Vieira de Almeida (Lisbon)
Portugal 9 contributions 774 visits
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DLA Piper (Lisbon)
Portugal 20 contributions 28487 visits
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Vieira de Almeida (Lisbon)
Portugal 7 contributions 634 visits
Act 23/2018, establishing the legal framework on the right to compensation for damages from infringements of competition law, was published on 5 June 2018. This legislative act transposes into Portuguese law the Directive 2014/104/EU of the European Parliament and of the Council, of 26 (...)

Private enforcement: an overview of the leading cases and opinions
Hausfeld (Washington)
United States 8 contributions 9272 visits
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Hausfeld (Berlin)
Germany 11 contributions 3058 visits
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Ashurst (London)
United Kingdom 8 contributions 3286 visits
Private enforcement in Europe may have taken off later than in the US, but is also flourishing. In particular, 2017 saw the implementation across much of the European Union of the “Damages Directive”, which aims to standardize both substantive and procedural provisions relating to competition (...)

The German Federal Ministry of Economic Affairs and Energy publishes a draft bill that partly serves to implement the ECN + directive
Bird & Bird (Dusseldorf)
Germany 21 contributions 2514 visits
On 7 October 2019, the German Federal Ministry for Economic Affairs and Energy published the draft bill of the so-called digitization law which partly serves to implement the “ECN Plus” Directive into German law. According to the new Sec. 19a ARC the German Federal Cartel Office ("FCO") may (...)

Anticompetitive practices

 The UK Competition Authority issues an infringement decision finding that a football club and a sports equipment retailer colluded to restrict competition in the sales of sports-branded clothing and replica kit (Leicester City FC / JD Sports)
Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 26 contributions 8291 visites
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Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 13 contributions 3327 visites
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 1 contribution 156 visits
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CMA Fines Leicester City FC for Anticompetitive Pricing Practices* On 31 July 2023, the Competition and Markets Authority (CMA) issued an infringement decision finding that Leicester City Football Club and JD Sports had colluded to restrict competition in the sales of Leicester City-branded (...)

The UK Supreme Court rules that many litigation funding agreements are unlawful and unenforceable in relation to a collective damages claim against a cartel of truck manufacturers (Trucks Cartel)
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 2 contributions 2275 visits
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Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 13 contributions 3327 visites
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 3 contributions 411 visits
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Supreme Court Rules Most Litigation Funding Agreements are Unlawful* Over the past two decades, litigation funding in the UK has become increasingly important and more commonly used. Once deemed contrary to public policy and unlawful, litigation funding is now regarded as playing a (...)

The UK Supreme Court rules that many litigation funding agreements are unenforceable (Trucks Cartel)
White & Case (London)
United Kingdom 14 contributions 34881 visits
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White & Case (London)
Royaume-Uni 27 contributions 13362 visites
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White & Case (London)
United Kingdom 2 contributions 293 visits
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In a heavy blow to the litigation funding industry, the UK Supreme Court has held that many litigation funding agreements are damages-based agreements and must comply with the relevant regulatory regime. Funders will be urgently reviewing their funding agreements amid widespread concern that (...)

The US FTC files an amicus brief arguing that a defendant against abusive exclusive dealing and bundling charges in a private enforcement case has misstated the legal standards of the behaviours (Medtronic / Applied Medical)
US Federal Trade Commission (FTC) (Washington)
United States 169 contributions 40023 visits
FTC Files Amicus Brief to Clarify Antitrust Standards Involving Exclusive-Dealing and Bundling Arrangements* The Federal Trade Commission filed a friend-of-the-court (amicus) brief in the U.S. District Court for the Central District of California, clarifying legal standards that apply in (...)

The Spanish Supreme Court delivers its first rulings on 15 private enforcement claims against the trucks cartel (Trucks Cartel)
IE Business School (Madrid)
Spain 2 contributions 259 visits
The Spanish Supreme Court Sentences the Trucks Cartel*Introduction Three weeks ago, the Spanish Supreme Court delivered its first rulings on damages claims in the trucks cartel. Given that Spanish courts have been the most active in the EU on this case (see the stream of judgments issued by (...)

The US DOJ files a proposed amended complaint and consent decree with a fourth poultry producer to address the long-running conspiracy to suppress workers’ wages (George’s Food)
US Department of Justice (Washington)
United States 175 contributions 74080 visits
Justice Department Files Proposed Amended Complaint and Consent Decree with Fourth Poultry Processor, Further Addressing Long-Running Conspiracy to Suppress Workers’ Compensation* Decree Prohibits the Exchange of Compensation Information, Requires Processor to Pay Restitution, and Subjects (...)

The Italian Court of Milan delivers a ruling in a private enforcement claim which extends the period of single and continuous infringement established by the EU Commission in Italy
Van Bael & Bellis (Brussels)
Belgium 2 contributions 199 visits
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Van Bael & Bellis (Brussels)
Belgium 29 contributions 5183 visits
On 15 May 2023, the Court of Milan delivered a judgment awarding damages in the context of a private enforcement action. The case constitutes a rare combination of a follow-on action based on a decision of the European Commission (“Commission”) of 2010 establishing a pan-European cartel in the (...)

The EU Court of Justice clarifies the binding effect of national competition authorities’ findings and the burden of proof in private damages claims (Repsol)
Linklaters (Brussels)
Belgium 3 contributions 1130 visits
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Linklaters (Brussels)
Belgium 1 contribution 608 visits
Private enforcement actions practice have been on the rise these last years. With increasing jurisprudence on the subject, successful cartel detection tools, and a stronger practical knowledge in this regard through key judgments, plaintiffs seek damages from anti-competitive behaviours in (...)

The EU Court of Justice confirms that the findings of national competition authorities have a binding effect on follow-on actions for damages and declarations of nullity (Repsol)
Van Bael & Bellis (Brussels)
Belgium 10 contributions 1954 visits
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Van Bael & Bellis (Brussels)
Belgium 34 contributions 7580 visits
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Van Bael & Bellis (Brussels)
Belgium 14 contributions 1140 visits
On 20 April 2023, the Court of Justice of the European Union (“ECJ”) handed down a preliminary ruling concerning the effect of national competition authorities’ (“NCAs”) final infringement decisions on follow-on actions for damages and for declarations of nullity, where the actions in question (...)

The EU Court of Justice confirms that the date of publication of the Commission’s decision in the EU Official Journal is an appropriate starting date for the limitation period applicable to private damages claims (QJ / IP / Deutsche Bank)
Van Bael & Bellis (Brussels)
Belgium 34 contributions 7580 visits
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Van Bael & Bellis (Brussels)
Belgium 14 contributions 1140 visits
On 6 March 2023, the European Court of Justice (“ECJ”) issued an order in Joined Cases C-198/22 and C-199/22 (QJ and IP v Deutsche Bank AG), upholding a national rule under which the limitation period for professionals and consumers alike to bring a private damages action starts to run as of (...)

The UK Competition Appeal Tribunal endorses the award of compound interest in a damages claim against the truck cartel as opposed to simple interest to reflect the “real world” and the economic and commercial reality of businesses (Royal Mail / DAF Trucks)
Hausfeld (London)
United Kingdom 3 contributions 516 visits
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Hausfeld (London)
United Kingdom 2 contributions 130 visits
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Hausfeld (London)
United States 3 contributions 699 visits
How much is £1 from 1997 worth now? Such a question may appear very simple at the outset. However, ask it twice and you will probably obtain two different answers. Applied in the context of a damages claim in a lawsuit, a number of parameters need to be considered to properly address this (...)

The UK Competition Appeal Tribunal delivers a landmark ruling to confirm the applicability of compound interest in the calculation of damages, following a private claim against a truck cartel (Royal Mail / DAF Trucks)
Blackstone Chambers (London)
United Kingdom 23 contributions 5801 visits
The Competition Appeal Tribunal’s recent decision in the trucks cartel claim raises some serious questions about expert economic evidence. In this post I want to flesh out some of the challenges and then float some suggestions for improvements. The context Many readers will know the basic (...)

The German Federal Court of Justice extends the factual presumption of damages to anticompetitive information exchange to give a further boost to victims’ claims against cartels (KWR working group)
Blomstein (Berlin)
Germany 3 contributions 194 visits
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Higer Regional Court (Berlin)
1 contribution 68 visits
Dirty laundry in the “KWR” working group A total of 15 manufacturers of branded drugstore products were involved in the so-called drugstore products cartel. From at least 2004 to 2006, they regularly informed each other about (planned) gross price increases and the status of negotiations (...)

The Germany Federal Court of Justice rules that an exchange of secret information between competitors about pricing strategies for a common customer gives rise to a factual presumption of harm (Schlecker)
Fieldfisher (Düsseldorf)
Germany 1 contribution 56 visits
Introduction In the Schlecker case, (BGH, decision of 29 November 2022, KZR 42/20, Schlecker. The BGH’s press release can be found here.) the Federal Court of Justice (BGH) dealt with claims by a drugstore chain against manufacturers for damages on the grounds of excessive prices. In (...)

The German Federal Court of Justice roundly rejects claims that cartel behaviour was ’harm-free’, which would have allowed the cartelists to avoid a presumption of injury, and declares the behaviour constituted a hardcore infringement (Schlecker)
Hausfeld (Berlin)
Germany 11 contributions 3058 visits
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Hausfeld (Berlin)
Germany 2 contributions 121 visits
In several jurisdictions, claimants’ burden of proof for the existence of injury is a major hurdle to traditional cartel damage claims. To avoid a presumption of injury under the settled case law of the German Federal Court of Justice (Bundesgerichtshof, (“BGH”) for hard-core cartels, (...)

The German Federal Court of Justice confirms that a factual presumption of harm exists in cases of anticompetitive information exchanges (Schlecker)
CDC Cartel Damage Claims (Brussels)
Belgium 5 contributions 3385 visits
On 5 January 2023, the German Federal Court of Justice (Bundesgerichtshof, BGH) published an important judgment in relation to follow-on damage actions relating to the so-called German drugstore products cartel (Case KZR 42/20). In its ruling, Germany’s highest civil court also confirmed a (...)

The US District Court for the Eastern District of California set to adjudicate a class action suit filed by a group of volunteer college baseball coaches against a national athletic association for alleged antitrust violations (Smart / NCAA)
Duane Morris (Philadelphia)
United States 1 contribution 70 visits
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Duane Morris (Philadelphia)
United States 1 contribution 70 visits
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Duane Morris (Philadelphia)
United States 1 contribution 70 visits
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On November 29, 2022, a group of volunteer college baseball coaches filed a proposed class action against the NCAA for alleged antitrust violations in the Eastern District of California. The plaintiffs in the case, captioned Smart, et al., v. NCAA, claim that by limiting the number of paid (...)

The US DoJ secures a fine exceeding $1M and restitution payments of more than $300K in a long-running insulation bid rigging cartel case (Axion Specialty Contracting)
US Department of Justice (Washington)
United States 175 contributions 74080 visits
Insulation Contracting Firm Sentenced for Rigging Bids* Third Defendant Sentenced in Investigation in the Insulation Contracting Industry Axion Specialty Contracting LLC (Axion) was sentenced to pay a $1,001,989 criminal fine and $313,121 in restitution on Nov. 4 in Bridgeport, (...)

The US DOJ achieves a guilty plea from a healthcare company that conspired to suppress wages for school nurses (VDA OC)
US Department of Justice (Washington)
United States 175 contributions 74080 visits
Health Care Company Pleads Guilty and is Sentenced for Conspiring to Suppress Wages of School Nurses* Company Admits to Criminal Allocation and Wage-Fixing Conspiracy Targeting Nurses Serving a Nevada School District VDA OC LLC (VDA), a health care staffing company, pleaded guilty and was (...)

The US Southern District Court, Southern District of New York grants a "motion to dismiss" filed by a professional baseball organisation on the basis of its historic antitrust immunity (Major League Baseball)
BakerHostetler (Philadelphia)
United States 1 contribution 55 visits
Yer Out (For Now): MLB Dismissed from Antitrust Lawsuit Because of Historic Antitrust Exemption* In a decision that stunned no one (yet will garner plenty of headlines), a federal district court granted a motion to dismiss filed by Major League Baseball (MLB) on the basis of its storied (...)

The US District Court for the Eastern District of Missouri receives a complaint from a chess prodigy alleging that his competition and the world’s largest online chess platform have illegally excluded him (Hans Niemann / Magnus Carlsen / Chess.com / Play Magnus / Daniel Rensch / Hikaru Nakamura)
Hogan Lovells (Berlin)
Germany 1 contribution 492 visits
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Hogan Lovells (Washington)
United States 1 contribution 492 visits
Niemann Makes the First Move: A Transatlantic Perspective on Chess Prodigy’s Group Boycott Claim Following cheating allegations and a ban from the popular online platform “Chess.com,” Chess Grandmaster Hans Niemann filed a lawsuit in the Eastern District of Missouri against Magnus Carlsen, (...)

The French Supreme Court confirms that harm cannot be presumed in resale price maintenance cases (Lorillard / AVGR)
University Paris Saclay
France 1 contribution 179 visits
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University Paris Saclay
France 1 contribution 179 visits
In a recent ruling, France’s highest appeals court (the Cour de cassation) set out its position on the question of the standard of proof regarding a vertical agreement and, more specifically, about the strict application of the material and temporal scope of the EU “Damages” directive of 26th (...)

The UK Competition Appeal Tribunal issues an opt-out certification decision in a class action filed against a Big Tech company (Liz Coll / Google)
Hausfeld (London)
United Kingdom 20 contributions 5142 visits
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Hausfeld (London)
United Kingdom 4 contributions 1960 visits
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Hausfeld (London)
United Kingdom 1 contribution 1454 visits
On 31 August 2022, the Competition Appeal Tribunal released its judgment in Elizabeth Helen Coll v Alphabet Inc. and Others [2022] CAT 39, which confirms that consumer champion Liz Coll is authorised to bring an opt-out collective claim against Google for alleged competition law infringements (...)

The EU Court of Justice rules on the temporal applicability of the cartel damages directive and clarifies the statute of limitation in cartel damages (Volvo / DAF Trucks)
Hausfeld (Berlin)
Germany 7 contributions 1073 visits
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Hausfeld (Berlin)
Germany 2 contributions 474 visits
In its latest decision regarding the Trucks cartel the European Court of Justice (“ECJ“) once again clarified statute of limitation issues. Although the decision primarily dealt with the temporal applicability of the 2014 EU Damages Directive, it draws important implications for the (...)

The US District Court for the Northern District of California issues a decision on a decertification order in a long-running class action dispute concerning class-wide damages model (Freitas / Cricket Wireless)
Covington & Burling (Washington)
United States 1 contribution 739 visits
On July 29, Judge William Alsup of the Northern District of California issued a decertification order in a long-running class action dispute concerning Cricket Wireless’s 4G advertising, ruling that plaintiff’s counsel made “too critical a mistake” in fashioning their class-wide damages model. (...)

The US DoJ strikes plea deals with two companies which conspired to rig bids on piping and insulation projects in Connecticut (BC Flynn Contracting / Axion Specialty Contracting)
US Department of Justice (Washington)
United States 175 contributions 74080 visits
Two Companies Plead Guilty in Bid Rigging Scheme for Insulation Contracts* These are the Sixth and Seventh Defendants to Plead Guilty in this Investigation BC Flynn Contracting Corp. (BC Flynn) and Axion Specialty Contracting LLC (Axion) pleaded guilty yesterday in federal court in (...)

The German Federal Court of Justice dismisses an agricultural group’s claim against the Competition Authority over an alleged violation of the principle of equality in a plant protection cartel investigation (BayWa)
Fieldfisher (Düsseldorf)
Germany 1 contribution 36 visits
In a decision dated 30 June 2022, the Federal Court of Justice dismissed with final effect an official liability suit brought by the agricultural group BayWa AG against the Federal Cartel Office (FCO). BayWa sued the FCO for disadvantages in a plant protection cartel case due to price (...)

The EU Court of Justice provides increased clarity on the temporal scope of the Damages Directive (Volvo / DAF Trucks)
Van Bael & Bellis (Brussels)
Belgium 15 contributions 2967 visits
On 22 June 2022, the Court of Justice of the European Union (“ECJ”) clarified the temporal application of the Directive 2014/104/EU of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions (“Damages Directive”) to (...)

The EU Court of Justice specifies the temporal scope on rules governing carry on damages for competition law infringements as well as the quantification of damages and the rebuttable presumption relating to the existence of a cartel following a decision by the Commission (Volvo / DAF Trucks)
European Court of Justice (Luxembourg)
Luxembourg 329 contributions 102222 visits
The Court specifies the temporal scope of the rules governing the limitation period for bringing an action for damages for infringements of competition law and of the rules governing the quantification of the harm resulting from such infringements and the rebuttable presumption relating to the (...)

The EU Court of Justice rules on the temporal applicability of EU law on limitation periods and burden of proof in actions seeking antitrust damages (Volvo / DAF Trucks)
Portolano Cavallo (Milan)
Italy 63 contributions 9789 visits
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Portolano Cavallo (Milan)
Italy 36 contributions 6793 visits
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Portolano Cavallo (Rome)
Italy 2 contributions 217 visits
This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On June 22, 2022, the European Court of Justice (hereinafter, the “ECJ”) issued a judgement in Case C-267/20 clarifying the temporal application of certain (...)

The UK Supreme Court gives the go ahead for a follow on damages claim in a vehicle cartel case and rejects a request by another party (Trucks Cartel)
Ashurst (London)
United Kingdom 14 contributions 2452 visits
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Ashurst (London)
United Kingdom 3 contributions 572 visits
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Ashurst (London)
United Kingdom 7 contributions 1340 visits
This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 8 June 2022, the Competition Appeal Tribunal ("CAT") handed down judgment in respect of two applications for collective proceedings (heard jointly) (...)

The UK Competition Appeal Tribunal allows planned forex class action against big banks with the proviso that class members must opt-in to the litigation (Evans / O’Higgins)
Hausfeld (London)
United States 11 contributions 5050 visits
London, 31 March 2022 – Today, the Competition Appeal Tribunal (CAT) has handed down its judgment in FX Claim UK, the opt-out collective action brought by Phillip Evans, deciding that the proposed FX collective proceedings can be certified, but on an opt-in basis only. Mr Evans intends to (...)

The UK Competition Appeal Tribunal rules that class action proceedings may only be brought on an opt-in basis where the class of potential complainants is sophisticated and thus opt-in is practicable (Evans / O’Higgins)
Herbert Smith Freehills (London)
United Kingdom 44 contributions 8868 visits
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Herbert Smith Freehills (London)
United Kingdom 1 contribution 360 visits
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Herbert Smith Freehills (London)
United Kingdom 1 contribution 360 visits
The UK Competition Appeal Tribunal (“CAT“) has ruled for the first time that collective proceedings can only proceed on an opt-in basis, rather than the opt-out basis sought by the class applicants. The ruling came in the O’Higgins/Evans case, concerning two competing applications for a (...)

The UK Competition Appeal Tribunal rules on first ever carriage dispute in UK FX Cartel Class action (Evans / O’Higgins)
Ashurst (London)
United Kingdom 3 contributions 572 visits
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Ashurst (London)
United Kingdom 14 contributions 2452 visits
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Ashurst (London)
United Kingdom 7 contributions 1340 visits
On 31 March 2022, the Competition Appeal Tribunal (’CAT’) refused to certify two claims advanced against a number of UK banks for their participation in a foreign exchange spot rate manipulation cartel as opt-out collective proceedings. The novel issue before the CAT at the certification (...)

The Higher Regional Court of Berlin applies market tipping rules for the first time and prohibits list first rebates offered by leading real estate portal (Immoscout)
Blomstein (Berlin)
Allemagne 16 contributions 43901 visites
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Blomstein (Berlin)
Germany 2 contributions 117 visits
The Higher Regional Court of Berlin (Kammergericht, “KG”) ruled that certain exclusivity rebates – so-called ‘list-first’ rebates – granted by real estate portal Immoscout violate German competition law (Case No. U 4/21 Kart). The Immoscout case was decided on the basis of the so-called (...)

The UK High Court time-bars a €480M follow-on damages claim against a smart card chip cartel after ruling that the claimants had sufficient information to support a reasonable claim when the EU Commission issued its statement of objections to the defendants (Gemalto / Thales / Infineon / Renesas)
Ashurst (London)
United Kingdom 14 contributions 2452 visits
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Ashurst (London)
United Kingdom 7 contributions 1340 visits
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Ashurst (London)
United Kingdom 3 contributions 572 visits
The English High Court has ruled that, on the facts of the case, claimants Gemalto had sufficient information about the smart card chips cartel to support a reasonable claim for damages at the point at which the European Commission issued its statement of objections to defendants Infineon and (...)

The Higher Regional Court of Düsseldorf grants an athlete access to the Paralympic Games based on German competition law (International Paralympics Committee)
Hogan Lovells (Munich)
Germany 3 contributions 1314 visits
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Hogan Lovells (Munich)
Germany 2 contributions 198 visits
1. Introduction In its decision of 20 January 2022, the Higher Regional Court of Düsseldorf (the “Court”) dealt with a case of a professional female snowboarder who sought admission to the 2022 Paralympic Games in Beijing. This admission had previously been denied by the later defendant, (...)

The Polish Competition Authority fines 6 truck dealers and 8 managers for concluding agreements that limit competition (Trucks Cartel)
Polish Competition Authority (Warsaw)
Poland 119 contributions 21687 visits
Truck dealer cartels - two decisions of the UOKiK President* UOKiK President Tomasz Chróstny issued two decisions concerning agreements limiting competition between truck dealers. Purchasers of these vehicles have not had a free choice of dealer for many years and have paid inflated prices. (...)

The French Court of Appeal dismisses separate follow-on damages claims by a director and the main shareholder of a company which had previously been granted compensation for losses arising from anticompetitive conduct (Switch / SNCF / Expedia)
Gide Loyrette Nouel (Paris)
France 8 contributions 25669 visits
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Gide Loyrette Nouel (Paris)
France 2 contributions 139 visits
On December 3rd, 2021, the Paris Court of Appeal (the “Court”) confirmed a ruling by the Paris Commercial Court dismissing a damage claim brought by the former executive shareholder of Switch, a defunct online travel agency, against the national French railway company SNCF and online travel (...)

The EU Commission fines multiple banks €344M for participating in a foreign exchange spot trading cartel (UBS / Barclays / RBS / HSBC / Credit Suisse)
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
Antitrust: Commission fines UBS, Barclays, RBS, HSBC and Credit Suisse €344 million for participating in a Foreign Exchange spot trading cartel* The European Commission has completed its cartel investigation into the Foreign Exchange (‘Forex’) spot trading market by imposing fines on five (...)

The German Competition Authority publishes its guidelines on the premature deletion of an entry in the register for public procurement
German Competition Authority (Bonn)
Germany 447 contributions 113534 visits
Competition Register for Public Procurement – Bundeskartellamt publishes guidelines and practical guide on premature deletion of an entry due to self-cleaning* The Bundeskartellamt has today published guidelines on the premature deletion of an entry in the Competition Register and a (...)

The Portuguese Competition Court approves a settlement between a consumer protection association and the national land surveyors association based on a class action for damages due to alleged overcharging for surveying services (Ius Omnibus / ANT)
DLA Piper (Lisbon)
Portugal 1 contribution 624 visits
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DLA Piper (Lisbon)
Portugal 20 contributions 28487 visits
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DLA Piper (Lisbon)
Portugal 1 contribution 624 visits
Competition law class actions in Portugal: first court-approved settlement* On 20 September 2021, the Portuguese Competition Court approved a settlement between Ius Omnibus, a non-profit consumer protection association, and the National Association of Land Surveyors (ANT), in the context of (...)

The EU Court of Justice AG Rantos suggests that claims for damages are not time-barred as national legislation transposing EU directives are procedural and can therefore apply retroactively (Trucks Cartel)
Uria Menéndez (Madrid)
Spain 2 contributions 178 visits
AG Rantos: Temporal scope of the Damages Directive, substantive and procedural provisions and limitation periods* Advocate General Rantos delivered his Opinion in a request of a preliminary ruling by a Spanish court (case C-267/20), the Audiencia Provincial of León, the appellate court in a (...)

The Hong Kong Competition Tribunal delivers its first judgment in a private enforcement action, rejecting claims of an alleged cartel in the supply of diesel (Shell Hong Kong / Meyer Aluminium)
Linklaters (Hong Kong)
Hong Kong 10 contributions 8413 visits
This article has been nominated for the 2022 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The Competition Tribunal has delivered its judgment in the first private competition action in Hong Kong SAR. By rejecting the claims of an alleged cartel in (...)

The EU Court of Justice issues its judgment concerning the question of whether a subsidiary can be held liable for the anti-competitive behaviour of its parent company (Sumal / Mercedes Benz Trucks España)
Latham & Watkins (Brussels)
Belgium 3 contributions 933 visits
Red pill or blue pill? The European Court of Justice makes its choice: subsidiaries can be held liable for the infringements of their parent companies (Case C-882/19 – Sumal)* On 6 October 2021, the European Court of Justice (ECJ) issued its very much-awaited judgment in case C-882/19 Sumal, (...)

The EU Court of Justice issues a long-awaited judgment clarifying the extent of an undertaking’s liability in follow-on actions (Sumal / Mercedes Benz Trucks España)
Portolano Cavallo (Milan)
Italy 63 contributions 9789 visits
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Portolano Cavallo (Milan)
Italy 36 contributions 6793 visits
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Portolano Cavallo (Milan)
Italy 4 contributions 1333 visits
On October 6, 2021, the Grand Chamber of the Court of Justice of the European Union (the “ECJ” or “Court”) issued a long-awaited decision in case C-882/19, Sumal SL (“Sumal”) v Mercedes Benz Trucks España SL (“MBTE”). The judgment shed light on whether, under EU competition law, the victim of (...)

The EU Court of Justice endorses downward liability by deciding that parties harmed by anticompetitive conduct may claim damages directly against subsidiary companies (Sumal / Mercedes Benz Trucks España)
Callol, Coca & Asociados (Madrid)
Espagne 170 contributions 46105 visites
The Judgment of the European Union Court of Justice (CJEU) of 6 October 2021, Sumal, case C-882/19, addresses a request for a preliminary ruling from the provincial court of Barcelona in late 2019. The court is addressing the appeal brought by Sumal after the first instance court had dismissed (...)

The US State of California Superior Court for the County of Contra Costa awards $15 million in damages, plus attorney fees, to a cannabis company following a string of anticompetitive practices from its competitors (Richmond Compassionate Care Collective / Koziol)
Constantine Cannon (New York)
United States 2 contributions 552 visits
Budding Antitrust Activity in the Cannabis Industry: Lessons from Richmond Compassionate Care Collective v. Koziol* As the cannabis industry continues to blossom from the backwoods into a multi-billion dollar bonanza, the antitrust spotlight is poised to increasingly shine on the industry’s (...)

The US District Court for the Southern District of Florida rules that corporate-competitor plaintiffs may recover lost profits under the Florida Deceptive and Unfair Trade Practices Act (Tymar Distribution / Mitchell Group)
Jones Day (Miami)
United States 2 contributions 395 visits
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Winston & Strawn (Dallas)
United States 1 contribution 181 visits
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Jones Day (Miami)
United States 1 contribution 181 visits
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Southern District of Florida Finds Lost Profits Recoverable for Corporate-Competitor Plaintiffs Under FDUTPA The Chief Judge of the Southern District of Florida has ruled that corporate-competitor plaintiffs may recover lost profits under the Florida Deceptive and Unfair Trade Practices Act (...)

The UK Competition Appeal Tribunal certifies the first competition class action on behalf of 46 million consumers who suffered loss as a result of anti-competitive interchange fees imposed by a payment company between 1992 and 2008 (Merricks / MasterCard)
Ashurst (London)
United Kingdom 14 contributions 2452 visits
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Ashurst (London)
United Kingdom 13 contributions 2399 visits
On 18 August 2021, the UK’s Competition Appeal Tribunal ("CAT") certified the application by Mr Walter Merricks CBE to bring an opt-out class action on behalf of 46 million UK consumers who suffered loss as a result of anticompetitive interchange fees imposed by Mastercard between 1992 and (...)

The US FTC withdraws from the remaining case against a pharmaceutical company after the Supreme Court decides to strip consumers of relief (AbbVie / Allergan)
US Federal Trade Commission (FTC) (Washington)
United States 169 contributions 40023 visits
Federal Trade Commission Withdraws Remaining Case against AbbVie after Supreme Court Decision Strips Consumers of Relief* After the Supreme Court declined to review a ruling from the Third Circuit that AbbVie used sham litigation to illegally maintain a monopoly, the Federal Trade Commission (...)

The Amsterdam District Court issues a judgment which establishes the liability of cartelists in the heavy trucks industry for gross price coordination (Trucks Cartel)
Bird & Bird (The Hague)
Netherlands 4 contributions 1363 visits
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Bird & Bird (The Hague)
Netherlands 4 contributions 853 visits
This article has been nominated for the 2022 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In this latest instalment of the Trucks Cartel saga, the Amsterdam District Court (“District Court”) refutes the cartelists’ arguments by ruling that the issue (...)

The Paris Court of Appeal refuses to cancel an alleged anticompetitive purchase price agreement between social landlords on account of absence of anticompetitive effect (Fédération des promoteurs immobiliers des Alpes/Pluralis)
Nest Avocats (Paris)
France 14 contributions 39085 visits
The Paris Court of Appeal confirmed a judgment of the Lyon Civil Court and dismissed FEDERATION DES PROMOTEURS IMMOBILIERS DES ALPES (Federation of real estate developers in the Alps) and SARL PATRICK GAILLARD ET ASSOCIÉS (a real estate developer) claims. The claimants ask the Court to state (...)

The Rotterdam District Court establishes joint and several liability for damages from the elevators cartel case but declares part of the claim time-barred (Otis / Kone / Schindler / ThyssenKrupp)
Bird & Bird (The Hague)
Netherlands 34 contributions 8706 visits
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Bird & Bird (The Hague)
Netherlands 4 contributions 853 visits
Summary On 23 June 2021, the District Court of Rotterdam (“District Court”) held that a so-called special purpose vehicle, was eligible as a claimant for part of the cartel damages it had claimed. The claimant Stichting Elevator Cartel Claim (“SECC”), represented many customers who had (...)

The German Federal Court of Justice rejects a follow-on damages claim but extends the factual presumption that cartel effects harm truck buyers further down the supply chain (Trucks Cartel)
Jones Day (Brussels)
Belgium 2 contributions 85 visits
On 13 April 2021, the German Federal Court of Justice (“BGH”) rejected a follow-on damages claim filed against truck manufacturer Daimler in relation to the European Commission’s ("Commission") Trucks decision. Nevertheless, it is generally seen as a ruling favorable for plaintiffs seeking (...)

The Swedish Patent and Market Court of Appeal rejects damages claim by mobile phone subscriptions company against its mobile network supplier and wholesaler because concurrence of wills was not proven (Telesport / TeliaSonera Mobile Networks / Svea Billing Services)
Stockholm University
Sweden 6 contributions 8215 visits
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Delphi (Stockholm)
Sweden 1 contribution 46 visits
SUMMARY The case relates to a stand-alone claim for damages brought by Telesport AB (Telesport) against TeliaSonera Mobile Networks AB (Telia) and Svea Billing Services AB (Svea Billing). Telesport claimed that the two defendants had entered into an anticompetitive agreement or engaged in a (...)

The EU Court of Justice upholds the General Court’s ruling on the EU Commission’s duty to pay default interest on reimbursed fines (Printeos)
Ashurst (Brussels)
Belgium 12 contributions 6323 visits
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Ashurst (Brussels)
Belgium 37 contributions 8981 visits
On 20 January 2021 the European Court of Justice ("ECJ") upheld the General Court’s ruling on the European Commission’s duty to pay default interest on reimbursed fines as a form of restitutio in integrum, clarifying the rate to be applied and that late payment of interest will itself incur (...)

The EU Court of Justice makes a clear distinction between a cartel’s restrictive effects on competition and its damaging effects (Kilpailu- ja kuluttajavirasto)
European Commission - DG COMP (Brussels)
Belgium 5 contributions 2555 visits
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CDC Cartel Damage Claims (Brussels)
Belgium 16 contributions 17292 visits
By judgement on the 14th of January 2021 in Case C-450/19, Kilpailu- ja kuluttajavirasto (‘Judgment’), the Court of Justice of the European Union (‘CJEU’) stated that an infringement of Art. 101 TFEU in bid-rigging cases ends with the conclusion of the works, goods or services contract. To (...)

The Paris Court of Appeal finds a significant imbalance in the long-term contractual relationship between the French incumbent parcel delivery operator and one of its clients (La Poste / Central Optics)
University Paris Saclay
France 1 contribution 493 visits
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University Paris Saclay
France 1 contribution 493 visits
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American Bar Association (New York)
United States 1 contribution 493 visits
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Introduction In its ruling of the 7th January 2021, the Paris Court of Appeal applied the concept of "significant imbalance" in its anterior version now contained in Article L442-1 of the french commercial code. The notion of significant imbalance originates in consumer law and was extended (...)

The Spanish Second-Instance Court reduces the overcharge in an appeal against a judgment awarding damages in the context of a follow-on action deriving from the EU Commission’s decision to fine a cartel of trucks manufacturers (Iveco / Trucks cartel)
Ashurst (Madrid)
Spain 14 contributions 2233 visits
On 18 December 2020, a Spanish second-instance court (Audiencia Provincial de Asturias, "APA") issued a ruling partially endorsing an appeal brought by IVECO S.a.P. ("IVECO") against a judgment awarding damages to one of its customers in the context of a follow-on action deriving from the EU (...)

The German Regional Court of Bonn dismisses a pesticide producer’s claim for state liability against the Competition Authority (BayWa)
Van Bael & Bellis (Brussels)
Belgium 30 contributions 3974 visits
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Van Bael & Bellis (Brussels)
Belgium 24 contributions 4805 visits
On 2 December 2020, the Regional Court of Bonn (“Court”) dismissed a claim of € 72.8 million by crop protection producer BayWa against the German Federal Cartel Office (“FCO”). BayWa argued that the FCO had violated its procedural rights, in particular the principle of equal treatment, in the (...)

The German Regional Court in Bonn dismisses plant protection wholesaler’s action to establish the Competition Authority’s liability (BayWa)
German Competition Authority (Bonn)
Germany 447 contributions 113534 visits
BayWa’s legal action to establish Bundeskartellamt’s liability dismissed* The action brought by BayWa AG, Munich, against the Bundeskartellamt to establish the authority’s liability was dismissed in full by the Regional Court in Bonn today (case no. 1 O 201/20). BayWa had filed a claim for (...)

The US District Court for the District of Delaware contradicts the Supreme Court precedent regarding patent settlements in the pharmaceutical sector (Chimicles Schwartz Kriner / Donaldson-Smith / Amgen / Teva / Watson / Actavis)
White & Case (New York)
United States 3 contributions 1363 visits
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White & Case (Washington)
United States 9 contributions 3637 visits
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White & Case (Washington)
United States 11 contributions 1634 visits
A Nov. 30 decision by the U.S. District Court for the District of Delaware, In re: Sensipar Antitrust Litigation, contradicts controlling U.S. Supreme Court precedent and, if followed, could have significant implications for patent settlements well outside the pharmaceutical context in which (...)

The Dutch Competition Authority allows insurers to introduce a joint scheme for handling vehicle-damage claims
Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 207 contributions 34909 visits
ACM: insurers are allowed to introduce joint scheme for handling vehicle-damage claims* Insurers in the Netherlands are allowed to introduce a scheme that will enable them to handle cases involving damage to vehicles in a faster and more simplified manner. Currently, consumers that have (...)

The Russian Competition Authority forcibly returns the equivalent of €14 million into the state budget from former Mayor of Vladivostok, his family, and affiliated companies found guilty of collusion in the auctions for construction materials and supply of medicines (Igor Pushkaryov / MUE Roads of Vladivostok)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 55681 visits
More Than 2.3 Billion Rubles of Illegal Income Was Returned to the State Budget* The funds were obtained as a result of collusions at auctions for the purchase of construction materials (1.4 billion rubles) and the supply of medicines and medical devices (900 million rubles) On October 20, (...)

The Romanian Government publishes an ordinance on actions for damages providing that cartel infringements are presumed to cause an overcharge of 20%
Van Bael & Bellis (Brussels)
Belgium 15 contributions 2967 visits
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Van Bael & Bellis (Brussels)
Belgique 11 contributions 5849 visites
On 16 October 2020, the Romanian government published Ordinance No. 170/2020 on actions for damages in cases of violation of the competition law provisions and modifying and supplementing Romanian Competition Law No. 21/1996 (the “Ordinance”). The Ordinance provides that cartel infringements (...)

The Regional Court of Dortmund quantifies cartel damage without consulting time and cost consuming court-approved experts (Rail cartel)
Bird & Bird (Dusseldorf)
Germany 12 contributions 2009 visits
The Regional Court of Dortmund is the first German court quantifying a cartel damage claim by estimating the amount of damage on the basis of § 287 of the Code of Civil Procedure of Germany. In contrast to the previous cases, the court quantified the damage amount without consulting time and (...)

The German District Court of Dortmund implements the Kühnen approach to private enforcement in practice and estimates the cartel overcharge to be at least 15% for a rail sector cartel (Rail Cartel)
Spieker & Jaeger (Dortmund)
Allemagne 3 contributions 2253 visites
The esteemed (former) chief judge of the First Senate of the Düsseldorf Higher Regional Court (‘Oberlandesgericht’), Jürgen Kühnen, in 2019 provided ample arguments for an estimation of damages in Private Law. The District Court (‘Landgericht’) of Dortmund implemented Kühnen’s approach in (...)

The Regional Court of Dortmund estimates a cartel overcharge of at least 15% in the rail sector without involving any court-appointed economic experts (Rail cartel)
Hogan Lovells (Munich)
Germany 39 contributions 4310 visits
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Hogan Lovells (Munich)
Germany 65 contributions 25039 visits
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Hogan Lovells (Düsseldorf)
Germany 4 contributions 1197 visits
1. Introduction Determining the overcharge and, with that, the amount of cartel damages potentially suffered, is considered one of the most difficult aspects of cartel damages litigation in practice. The District Court of Dortmund (the “District Court”), known for its bold and innovative (...)

The Dutch District Court of Noord-Nederland holds a former director personally liable for the North Sea shrimps cartel (Gerard Willem Breuker)
Bird & Bird (The Hague)
Netherlands 7 contributions 3773 visits
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Netherlands Authority for Consumers & Markets- ACM (The Hague)
Netherlands 11 contributions 5087 visits
Introduction On 23 September 2020 a former director of one of the North Sea shrimps cartelists was held personally liable for damage of over € 13 million by the Dutch District Court of Noord-Nederland (“Court”). According to the Court, the director’s personal involvement in the cartel (...)

The German Federal Court of Justice rules on a damages claim following a Commission decision sanctioning a cartel of truck manufacturers (Trucks cartel)
Ashurst (Munich)
Germany 9 contributions 1744 visits
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Ashurst (Frankfurt)
Germany 15 contributions 4170 visits
In a decision of 23 September 2020, published early January 2021, the German Federal Court of Justice ("BGH") rejected a follow-on damages claim filed against Daimler in relation to the European Commission’s ("Commission") Trucks decision. This is the first time that the highest German civil (...)

The UK Supreme Court confirms that English courts may set the terms of global licences to portfolios of standard essential patents (Unwired Planet / Huawei)
Bristows (London)
United Kingdom 3 contributions 4461 visits
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Bristows (London)
United Kingdom 1 contribution 260 visits
English courts given green light to set terms of global FRAND licences* On 26 August 2020, the UK Supreme Court (UKSC) gave its eagerly awaited judgment in Unwired Planet v Huawei and Conversant v Huawei & ZTE. In a unanimous policy-driven decision, the Court dismissed the appeals (...)

The UK Supreme Court hands down a judgment involving a software and a telecommunications company, providing answers to questions concerning the English Courts’ approach to FRAND disputes (Unwired Planet / Huawei)
Hogan Lovells (London)
Royaume-Uni 1 contribution 586 visites
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Hogan Lovells (London)
Royaume-Uni 1 contribution 586 visites
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Hogan Lovells (London)
Royaume-Uni 1 contribution 586 visites
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 issues its ruling in a standard essential patent case and clarifies the Courts’ approach to FRAND disputes (Unwired Planet / Huawei)
Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 40 contributions 39261 visites
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Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 26 contributions 8291 visites
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 5 contributions 875 visits
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On 26 August 2020, the UK Supreme Court issued its judgment in a standard-essential patent (SEP) dispute between Huawei and Unwired Planet (see full alert memorandum). Unwired Planet is a patent assertion entity that acquires and licenses patents. In 2013, it acquired telecoms patents from (...)

The UK Supreme Court confirms that it is possible to set global FRAND rates and global licences to portfolios of standard-essential patents (Unwired Planet / Huawei)
Baker Botts (Brussels)
Belgique 26 contributions 19773 visites
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Baker Botts (Brussels)
Belgique 15 contributions 5222 visites
The U.K. Supreme Court’s 26 August ruling on standard-essential patents (SEPs) is the latest in a series of recent decisions that are likely to have a profound effect on FRAND license negotiations across the globe, in particular for the next generation 4G and 5G mobile telecommunication (...)

The UK Competition Authority fines 3 pharmaceutical companies £2.3 million for having an anti-competitive agreement in the supply of the life-saving drug fludrocortisone and secures £8 million in damages for the National Health Service (Aspen / Amilco / Tiofarma)
UK Competition & Markets Authority - CMA (London)
United Kingdom 383 contributions 95208 visits
CMA levies fines of £2.3m and secures £8m for NHS in pharma probe* The CMA has formally concluded that 3 pharmaceutical companies took part in an illegal arrangement in relation to the supply of life-saving medicine. The investigation by the Competition and Markets Authority into the (...)

The German Lower Regional Court of Dortmund hands down a judgment regarding follow-on damages against a wholesale company for sanitary and heating products (Sanitary and heating cartel)
Ashurst (Frankfurt)
Germany 15 contributions 4170 visits
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Ashurst (Frankfurt)
Germany 4 contributions 312 visits
On 8 July 2020, The German Lower Regional Court of Dortmund ("Court") recently handed down its ruling regarding follow-on damages against a specialist wholesale company for sanitary and heating products. Damages were sought following a fine of the German Federal Cartel Office ("FCO") relating (...)

The Paris Court of Appeal provides guidance in the context of an action for damages related to anti-competitive practices in the telecommunications sector (Orange Caraïbe / Digicel)
CDC Cartel Damage Claims (Brussels)
Belgium 16 contributions 17292 visits
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CDC Cartel Damage Claims (Brussels)
Belgium 1 contribution 157 visits
On 17 June 2020, the Paris Court of Appeal (Court) delivered its judgment (Orange judgment) in which it ordered Orange to pay EUR 249.5 million (EUR 181.5 million in damages plus EUR 68 million in interest) to Digicel Antilles and Guyana, following the implementation by the former of a number (...)

The UK Supreme Court finds that payment card schemes used in supermarkets infringe competition law (Sainsbury’s / Visa / MasterCard)
Morgan Lewis (London)
United Kingdom 28 contributions 16331 visits
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Morgan Lewis (London)
United Kingdom 26 contributions 9843 visits
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Davis Polk (London)
United Kingdom 1 contribution 450 visits
On June 17, 2020, the UK Supreme Court handed down its judgment in the appeals on the lawfulness of multilateral interchange fees, or swipe fees, (MIFs) in Sainsbury’s Supermarkets Ltd (Respondent) v. Visa Europe Services LLC and Others (Appellants) and Sainsbury’s Supermarkets Ltd and Others (...)

The UK Supreme Court dismisses an appeal concerning the two largest payment processing networks on the basis that their multilateral interchange fees restricted competition (Sainsbury’s / Visa / MasterCard)
Van Bael & Bellis (Brussels)
Belgium 386 contributions 92264 visits
On 17 June 2020, the UK Supreme Court dismissed Mastercard and Visa’s appeal against a 2018 ruling by the Court of Appeal of England and Wales and ruled that their multilateral interchange fees (“MIFs”) unlawfully restricted competition. The Supreme Court’s ruling potentially exposes (...)

The Paris Court of Appeal rejects an appeal against a follow-on damages claim by a rival telecommunications provider and grants a reduction in the amount of damages to be paid (Orange / Digicel)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 46553 visits
On 17 June 2020, the Paris Court of Appeal rejected Orange’s (formerly known as France Telecom) appeal against a follow-on damages claim by rival telecommunications provider Digicel (formerly known as Bouygues Telecom) but granted a reduction in the amount of damages to be paid of nearly € 100 (...)

The UK Supreme Court hands down its judgment on an appeal relating to competition damage claims brought by retailers against two payment platform providers (Sainsbury’s / Visa / Mastercard)
Frontier Economics (London)
United Kingdom 2 contributions 81 visits
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Frontier Economics (London)
United Kingdom 2 contributions 81 visits
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The UK Supreme Court recently handed down its judgment on appeals relating to competition damages claims brought by Sainsbury’s and other retailers against (...)

The UK Supreme Court gives an important judgment in the litigation regarding two payment platform providers’ interchange fees (Sainsbury’s / Visa / Mastercard)
Shearman & Sterling (London)
United Kingdom 2 contributions 393 visits
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Shearman & Sterling (London)
United Kingdom 23 contributions 13994 visits
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Shearman & Sterling (Brussels)
Belgium 21 contributions 10078 visits
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Introduction The U.K. Supreme Court has handed victory to a group of British retailers (the “respondents”) in a long-running dispute with Mastercard and Visa Europe (the “appellants”) finding that the default “multilateral interchange fees” (MIFs) set by Mastercard and Visa and charged by (...)

The UK Supreme Court finds a competition law infringement caused by payment card schemes used in supermarkets (Sainsbury’s / Visa & MasterCard)
Hausfeld (London)
United Kingdom 4 contributions 818 visits
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Hausfeld (London)
United Kingdom 6 contributions 1056 visits
The UK Supreme Court recently handed down its eagerly anticipated Judgment in respect of unlawful interchange fee claims against MasterCard and VISA, following almost a decade of litigation. The Judgment provides welcome clarity to merchant retailers as to the unlawfulness of MasterCard’s and (...)

The UK Supreme Court partially dismisses an appeal concerning the two payment processing networks on the basis that their multilateral interchange fees restricted competition (Sainsbury’s / Visa / MasterCard)
Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 26 contributions 8291 visites
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 19 contributions 21328 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 4 contributions 679 visits
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On 17 June 2020, the Supreme Court handed down a much anticipated judgment concerning the default multilateral interchange fees (MIFs) set by Mastercard and Visa (together, the Appellants). The case considered appeals relating to three separate damages actions brought by retailers against (...)

The UK Supreme Court confirms that two payment platform providers’ fees restricted competition (Visa / MasterCard)
Slaughter and May (London)
United Kingdom 2 contributions 744 visits
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Slaughter and May (Brussels)
Belgium 1 contribution 33 visits
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 17 June 2020, the Supreme Court unanimously upheld an earlier Court of Appeal ruling that Mastercard and Visa’s multilateral interchange fees (MIFs) (...)

The UK Supreme Court finds that multilateral interchange fees between credit card companies violate competition law (Sainsbury’s / Visa / MasterCard)
Osborne Clarke (London)
United Kingdom 28 contributions 718 visits
Brief summary of facts Sainsbury’s brought an action before the High Court seeking a declaration that the multilateral interchange fees (MIFs) set by Visa for transactions in the UK (the UK MIFs) were, at the relevant times, unlawful as being contrary to Article 101(1) of the TFEU and/or the (...)

The Paris Court of Appeal hands down an important judgment in a follow-on damages claim for the consequences of abusive practices in the telecommunications market (Orange / Digicel)
University Paris-Panthéon-Assas
France 7 contributions 12828 visits
On June 17, 2020, the Paris Court of Appeal handed down an important decision in the Digicel / Orange case. Digicel has indeed initiated an action to be compensated for the consequences of the abusive practices implemented in the Antilles-Guyana zone by Orange-Caraïbe and Orange between 2000 (...)

The EU Court of Justice receives a request for a preliminary ruling from the Léon Court of Appeal on the temporal application of the Damages Directive provisions on limitation and quantification of harm (Volvo / DAF Trucks)
CDC Cartel Damage Claims (Brussels)
Belgium 16 contributions 17292 visits
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European Commission - DG COMP (Brussels)
Belgium 5 contributions 2555 visits
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CDC Cartel Damage Claims (Brussels)
Belgium 1 contribution 264 visits
In the aftermath of Directive 2014/104/EU (Directive), Spain appears to be one of the most active jurisdictions dealing with antitrust damages cases. In particular, a multitude of Spanish courts have been seized with actions for compensation in relation to the European Trucks Cartel (Case (...)

A Spanish Regional Court requests a preliminary ruling on the possibility of the retroactive application of the provisions concerning the period of limitation to bring damages actions (Volvo / Trucks)
Ecija & Asociados (Madrid)
Spain 20 contributions 2151 visits
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Bird & Bird (Madrid)
Spain 29 contributions 4654 visits
The application of the transitional regime of the Damages Directive (No. 2014/104), of 26 November 2014, has created legal uncertainty regarding the statute of limitations of damages claims. On 12 June 2020, the Regional Court of León referred questions to the European Court of Justice (ECJ) (...)

The US Court of Appeals for the Third Circuit overturns a district court decision certifying a class of direct purchaser plaintiffs without undertaking a rigorous analysis to resolve factual disputes, assess competing evidence, or weigh conflicting expert testimony (Lamictal)
McDermott Will & Emery (New York)
United States 6 contributions 1076 visits
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Crowell & Moring (Washington)
United States 17 contributions 2517 visits
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McDermott Will & Emery (Chicago)
United States 13 contributions 3280 visits
The US Court of Appeals for the Third Circuit recently concluded in In re Lamictal Direct Purchaser Antitrust Litigation that a district court’s reliance on average prices to determine class-wide impact was insufficient. Instead, courts must conduct a rigorous analysis of the facts, evidence (...)

The Dutch Court of Appeal for Amsterdam confirms that litigation vehicles must provide documentation regarding the assignment of claims they submit (Royal Dutch Airlines / Martinair Holland / Societe Air France / Singapore Airlines / Lufthansa / Swiss International Air Lines...)
Jones Day (Amsterdam)
Netherlands 11 contributions 268 visits
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Jones Day (Amsterdam)
Netherlands 11 contributions 268 visits
Brief summary of facts In its Decision of 17 March 2017, the European Commission found that several air carriers coordinated fuel and safety charges for flights within the European Economic area in the period of December 1999 till February 2006, and thus infringed the cartel prohibition. (...)

The US Court of Appeals for the Seventh Circuit rules on the co-conspirator exception to the Illinois Brick rule against distributors in the healthcare market (Marion Healthcare / Becton Dickinson & Company)
Bona Law (San Diego)
United States 22 contributions 3569 visits
The Seventh Circuit Explains the “Co-Conspiracy Exception” to the Illinois Brick Rule in Healthcare Antitrust Lawsuit* Antitrust law evolves in such a way that opinions from federal appellate courts are always interesting in how they affect the doctrine. But there are a select few judges who (...)

The UK Court of Appeal upholds a ruling which declared that the national rail track operator abused its dominance by restricting suppliers’ access to its infrastructure (Network Rail / RISQS)
Ashurst (London)
United Kingdom 34 contributions 16788 visits
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ADNOC Group (Abu Dhabi)
United Kingdom 29 contributions 5356 visits
The Court of Appeal on 5 March 2020 handed down a judgment upholding the ruling of the Competition Appeal Tribunal ("CAT") of July 2019 which found Network Rail had infringed the Chapter I and II prohibitions of the Competition Act 1998 by requiring, in its schemes governing suppliers’ access (...)

The US Court of Appeals for the Seventh Circuit clarifies whether a consumer who purchases from a distributor may hold a manufacturer liable for overcharges resulting from a conspiracy between the distributor and manufacturer in the passing on of a case between two healthcare providers (Marion Healthcare / Becton Dickinson & Company)
Freshfields Bruckhaus Deringer (New York)
United States 2 contributions 257 visits
Introduction In its recent decision in Marion Healthcare, LLC v. Becton Dickinson & Co., the Seventh Circuit added to the discussion among circuit courts as to whether and when a consumer who purchases from a distributor may hold a manufacturer liable for overcharges resulting from a (...)

The UK Competition Appeal Tribunal rules on which part of the EU Commission’s settlement decision is binding on a defendant and that it is an abuse of process for defendants to deny in follow-on damages claims the findings that are contained in settlements (Trucks Cartel)
Hausfeld (London)
United Kingdom 1 contribution 260 visits
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Hausfeld (London)
United Kingdom 2 contributions 342 visits
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Ashurst (London)
United Kingdom 8 contributions 3286 visits
In an important judgment for follow- on damages claims, the Competition Appeal Tribunal has ruled that a number of findings made by the European Commission in its Trucks ‘settlement’ Decision are binding on the defendants and the Tribunal; and that, subject to limited exceptions, it is an (...)

The UK Competition Authority closes its pharma probe by fining 4 companies more than £3.4 million and requiring a payment of £1 million directly to the NHS for breaches of competition law in relation to the supply of an antidepressant (King Pharmaceuticals / Accord-UK / Lexon / Alissa Healthcare Research)
UK Competition & Markets Authority - CMA (London)
Royaume-Uni 383 contributions 95208 visites
Over £3m in fines and £1m for NHS in CMA pharma probe* Following an investigation, the CMA has found that 4 pharmaceutical companies broke competition law in relation to the supply of an antidepressant. The probe by the Competition and Markets Authority (CMA) into the supply of (...)

The Spanish Provincial Court of Pontevedra reduces the amount of damages received by an individual for the acquisition of a truck when the trucks cartel was in place (Man Truck & Bus Iberia / Trucks Cartel)
Herbert Smith Freehills (Madrid)
Espagne 22 contributions 31622 visites
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Herbert Smith Freehills (Madrid)
Espagne 12 contributions 2115 visites
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Herbert Smith Freehills (Madrid)
Spain 5 contributions 777 visits
The Provincial Court of Pontevedra, Spain (Provincial Court) reduced the amount of damages received by an individual for the acquisition of a truck from one of the companies sanctioned by the European Commission’s decision in case AT.39824 -Trucks (EC Decision) when that cartel was in place (...)

The German Federal Court of Justice provides guidance on the requirements for establishing liability and the assessment of evidence in cartel damages cases (Schienenkartell II)
Freshfields Bruckhaus Deringer (Berlin)
Germany 2 contributions 718 visits
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European Court of Justice (Luxembourg)
Luxembourg 4 contributions 2777 visits
In its judgment of 28 January 2020, the Cartel Senate of the German Federal Court of Justice provided new guidance on the requirements for establishing liability and the assessment of evidence in cartel damages cases. In the initial proceedings, the plaintiff, a local transport company, sought (...)

The German Federal Court of Justice clarifies the requirements for establishing the necessary causality between anticompetitive behaviour and damages allegedly suffered by claimants (Schienenkartell II)
Ashurst (Frankfurt)
Allemagne 15 contributions 4170 visites
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Ashurst (Frankfurt)
Germany 4 contributions 312 visits
On 28 January 2020, the German Federal Court of Justice ("FCJ"), handed down another highly relevant decision in the field of cartel damages, which has been published on 16 March 2020 (case KZR 24/17). In its decision the FCJ deals with the respective requirements regarding the condition of (...)

The Madrid Commercial Court requests a preliminary ruling from the EU Court of Justice concerning the international competence of the court which was contested by defendants (RH / AB Volvo)
CDC Cartel Damage Claims (Brussels)
Belgium 16 contributions 17292 visits
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European Commission - DG COMP (Brussels)
Belgium 5 contributions 2555 visits
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3C Compliance (Madrid)
Spain 3 contributions 501 visits
Choice of forum delicti in EU-wide cartel damages cases (C-30/20, RH vs Volvo) Does Art. 7(2) Brussels I bis determine territorial jurisdiction within the EU Member States, Madrid Commercial Court asks EU Court of Justice. The request for a preliminary ruling from the Madrid Commercial (...)

The Paris Commercial Court grants interim measures to a large food retailer by requiring that one of its suppliers of non-alcoholic beverages resume its deliveries (Intermarché / Coca-Cola)
BCTG Avocats (Paris)
France 6 contributions 984 visits
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BCTG Avocats (Paris)
France 7 contributions 2726 visits
Following the Coca Cola European Partners’ decision (hereinafter ’Coca-Cola’) to stop delivering its products to ITM Alimentaire International (hereinafter ’ITM’), ITM applied for interim measures before the Paris Commercial Court (hereinafter the “Court”) in early 2020. On January 16th, 2020, (...)

The EU Court of Justice rules that a public body indirectly affected by a cartel can claim compensation for losses resulting from an antitrust infringement (Otis)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 46553 visits
On 12 December 2019, the Court of Justice of the European Union (“ECJ”) delivered a judgment on a request for a preliminary ruling from the Austrian Supreme Court (C-435/18, Otis and Others v. Land Oberösterreich and Others). The request was made in the context of a compensation claim brought (...)

The EU Court of Justice clarifies that a public body granting promotional loans to the purchaser of products covered by a cartel is entitled to claim damages for loss caused by the cartel (Otis / Land Oberösterreich)
Ashurst (Brussels)
Belgique 37 contributions 8981 visites
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ADNOC Group (Abu Dhabi)
United Kingdom 29 contributions 5356 visits
On 12 December 2019, the European Court of Justice ("ECJ") provided important clarification, holding that Article 101 TFEU must be interpreted as meaning that a public body which granted promotional loans to purchasers of products covered by a cartel are entitled to claim damages for loss (...)

The Dutch Court of Appeal in Arnhem-Leeuwarden applies the EU competition law notion of an undertaking in a cartel damages claim procedure (GIS Cartel)
KPN (Amsterdam)
Pays-Bas 33 contributions 7183 visites
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Bird & Bird (The Hague)
Pays-Bas 34 contributions 8706 visites
On 26 November 2019 the Court of Appeal of Arnhem ("Court of Appeal") applied the EU competition law notion of an ‘undertaking’ in a cartel damage claim procedure between TenneT and entities belonging to the Alstom group of companies. The Court of Appeal ruled that one of these entities (...)

The Dutch Arnhem-Leeuwarden Court of Appeal applies the Skanska judgement and determines that the parent company of a firm participating in the gas insulated switch gear cartel may be liable for damages (TenneT / Alstom / Cogelex)
Jones Day (Amsterdam)
Netherlands 11 contributions 268 visits
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Jones Day (Amsterdam)
Netherlands 11 contributions 268 visits
Brief summary of facts If this decision, the Court of Appeal Arnhem-Leeuwarden applied the Skanska judgment of the European Court of Justice (i.e. applied the competition law definition of an ‘undertaking’ within the meaning of Article 101 TFEU) to establish liability of a subsidiary for (...)

The Dutch Court of Appeal applies a rationale of the EU Court of Justice and finds a subsidiary liable for damages resulting from an EU competition law infringement committed by its parent company whilst engaging in a cartel (Cogelex)
Leiden University - Faculty of Governance and Global Affairs
Netherlands 2 contributions 421 visits
Introduction In its interim judgement of 26 November 2019 (‘interim judgement’) the Dutch Court of Appeal Arnhem-Le euwarden (‘Court of Appeal’) applied the rationale of the Court of Justice of the European Union (‘CJEU’) in Skanska to rule that Cogelex (a subsidiary) and Alstom Holdings (...)

The Dutch Court of Appeal finds a subsidiary liable for the cartel damage caused by a minority shareholder that had or could have a decisive influence over it (Cogelex)
Maastricht University
Netherlands 5 contributions 3115 visits
In a decision of 26 November 2019, the Court of Appeal Arnhem-Leeuwarden deduced from the Court of Justice’s decision in Skanska that the EU concept undertaking is to be used to determine the entity which is required to provide compensation for damage caused by an infringement of Article 101 (...)

The UK Court of Appeal adjusts-down a follow-on damages award in a cartel case and emphasises the principle that damages may only be compensatory, not punitive (BritNed / ABB)
White & Case (Brussels)
Belgium 50 contributions 37809 visits
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White & Case (London)
United Kingdom 14 contributions 34881 visits
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White & Case (London)
United Kingdom 27 contributions 13362 visits
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In BritNed v ABB, the English Court of Appeal substantially reduced the UK’s first award of damages in a so-called cartel damages claim brought for breach of European competition law. In so doing, the Court rejected calls for a more strict and punitive approach to damages in cartel claims. The (...)

The 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)
University of Buckingham
United Kingdom 4 contributions 2011 visits
The Court of Appeal in BritNed v ABB [2019] EWCA Civ 1840 has again had to clarify the principles governing competition damages. It reaffirmed the English High Court’s rejection of the claimant’s approach to damages but took issue with the trial judge’s position that damages should err on the (...)

The UK Court of Appeal clarifies the principles governing competition damages and reiterates that judges must base their decisions on the evidence before them by exclusively focusing on the loss of the claimant (BritNed / ABB)
Osborne Clarke (London)
United Kingdom 28 contributions 718 visits
Brief summary of facts The dispute arose from an ’interconnector’ submarine cable supplied by ABB, which connects the UK National Grid to the Dutch TenneT grid. It emerged in the European Commission’s ruling of 2014 that a cartel (of which ABB was a member) had sold cable capacity during the (...)

The 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)
United Kingdom 7 contributions 1340 visits
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Ashurst (London)
United Kingdom 14 contributions 2452 visits
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Ashurst (London)
United Kingdom 1 contribution 84 visits
BritNed Development Limited ("BritNed") brought a claim against ABB arising from the European Commission’s 2014 power cables cartel decision. In October 2018, the High Court found that there had been no overcharge but awarded damages for "baked-in inefficiencies" and "cartel savings" plus (...)

The UK Court of Appeal hands down a follow-on damages claim against a power cable cartel member (BritNed / ABB)
KPN (Amsterdam)
Pays-Bas 33 contributions 7183 visites
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Bird & Bird (London)
United Kingdom 28 contributions 3392 visits
On 31 October 2019, the Court of Appeal of England and Wales ("Court") handed down a significant judgment in relation to BritNed’s follow-on damages claim against a power cable cartel member, ABB. The Court allowed ABB’s cross-appeal in relation to cartel savings, finding that the High Court (...)

The UK Competition Appeal Tribunal adopts a practical approach to the realities of collective actions damages due to the Truck cartel decision (Trucks Cartel)
Hausfeld (London)
United Kingdom 11 contributions 1580 visits
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Hausfeld (London)
United Kingdom 4 contributions 818 visits
A recent judgment by the UK Competition Appeal Tribunal (the “Tribunal”) in the Trucks collective actions regarding funding and adverse costs arrangements is welcome news for class claimants and undoubtedly positive for the development of the UK’s young collective actions regime. The judgment (...)

The Rotterdam District Court issues an interim judgment in a private enforcement cartel claim in the lifts and escalators market (Kone / ThyssenKrupp)
Bird & Bird (The Hague)
Pays-Bas 34 contributions 8706 visites
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KPN (Amsterdam)
Pays-Bas 33 contributions 7183 visites
On 23 October 2019, the District Court of Rotterdam ("District Court") rendered an interim judgement on a private enforcement cartel claim against Kone and ThyssenKrupp. The private enforcement claim follows fines imposed by the European Commission back in 2007 for a lifts and (...)

The Finnish Supreme Court rules that economic succession is applicable to parent companies with respect to liability for competition damages caused by their acquired companies (Asphalt cartel)
Castrén & Snellman (Helsinki)
Finland 1 contribution 105 visits
On 22 October 2019, the Supreme Court issued a significant precedent in a competition damages case based on the so-called asphalt cartel. The Supreme Court had granted the City of Vantaa leave to appeal concerning the question of whether a company that is the sole shareholder in a company (...)

The Italian Supreme Court sheds light on the severance of anticompetitive clauses of a banking personal guarantee contract (De Gregorio / Banca Promos)
Municipality of Cagliari
166 contributions 132865 visits
Introduction Article 2 of the Italian Competition Law no. 287/1990 (ICL), which is equal to Article 101 TFEU, provides that an agreement that restrains competition is void. By its judgment rendered in De Gregorio et al v Banca Promos, the Italian Court of Cassation has considered the reach (...)

The Canadian Supreme Court expands the scope of potential liability in price-fixing class actions (Pioneer / Godfrey)
Davies Ward Phillips & Vineberg (Toronto)
Canada 1 contribution 186 visits
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Davies Ward Phillips & Vineberg (Toronto)
Canada 1 contribution 186 visits
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Davies Ward Phillips & Vineberg (Toronto)
Canada 1 contribution 186 visits
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The Supreme Court of Canada has released its long-awaited decision in two companion appeals that have significant implications for class actions alleging conduct that contravenes the criminal provisions found in Part VI of the Competition Act (Act). In its decision in Pioneer Corporation v (...)

The Shanghai Intellectual Property Court holds that fictitiously increasing the number of views of videos is an act of false propaganda (Feiyi / IQiYi)
Beijing Foreign Studies University
China 1 contribution 257 visits
From the perspective of anti-unfair competition law, Feiyi Company fictitiously increased the video visits of IQiYi’s website by technical means - the first case of inflating traffic on video websites in China. In recent years, the excessive pursuit of traffic in the Internet industry has (...)

The Finnish District Court of Helsinki highlights the challenges in quantifying the harm caused by anti-competitive conduct due to predatory pricing in the fresh milk market (Osuuskunta Maitomaa / Osuuskunta Maitokolmio / Valio)
Roschier (Helsinki)
Finland 5 contributions 14324 visits
A reality check for quantifying antitrust damages* A recent judgment concerning damages caused by predatory pricing in the Finnish fresh milk market highlighted some of the challenges in quantifying the harm caused by anti-competitive conduct. The follow-on action for damages was based on an (...)

The EU Court of Justice confirms the application of the principle of economic continuity in private enforcement of a cartel case (Vantaan kaupunki / Skanska Industrial Solutions)
Sérvulo (Lisbon)
Portugal 2 contributions 712 visits
The Principle Of Economic Continuity’s Application On Private Enforcement: Case 724/17 Skanska* With two major decisions, March 2019 was an interesting month with regard to the ECJ’s case-law on the private enforcement of competition law: Skanska and Cogeco. This post will comment on the (...)

The EU Court of Justice rules that the concept of undertaking and the principle of economic continuity apply in private enforcement cases as in public enforcement proceedings (Vantaan kaupunki / Skanska Industrial Solutions)
Hogan Lovells (Munich)
Germany 39 contributions 4310 visits
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Hogan Lovells (Munich)
Germany 34 contributions 1333 visits
Introduction The European Court of Justice (“ECJ”) issued a landmark decision on 14 March 2019 concerning the application of the concept of “undertaking” and the principle of economic continuity to cartel damages claims. The ECJ ruled in its Skanska judgement that the broad interpretation of (...)

The EU Court of Justice clarifies, in a preliminary ruling concerning an asphalt cartel, who is liable to pay compensation in a damages action arising from article 101 TFEU (Vantaan Kaupunki / Skanska Industrial Solutions)
Lavoielegal (Brussels)
Belgium 1 contribution 268 visits
Court of Justice ruling in Skanska: EU competition law concept of ‘undertakings’ and principle of economic continuity to the rescue in civil damages claims* In its preliminary ruling in Skanska Industrial Solutions and Others, the Court of Justice has ruled on the fundamental question of who (...)

The EU Court of Justice expands cartel damages liability for corporate parents and successors (Vantaan Kaupunki / Skanska Industrial Solutions)
Jones Day (Brussels)
Belgium 28 contributions 8503 visits
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Jones Day (Brussels)
Belgium 21 contributions 9495 visits
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Jones Day (Brussels)
Belgium 6 contributions 2715 visits
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In Short The Development: The European Court of Justice ("ECJ") ruled that parent companies and economic successors can be held liable for damages caused by a (...)

The EU Court of Justice hands down a judgement in which it ensures that victims of competition law breaches get compensation in the context of an asphalt cartel (Vantaan Kaupunki / Skanska Industrial Solutions)
Hausfeld (London)
United Kingdom 20 contributions 5142 visits
On 14 March 2019, the Court of Justice of the European Union (“CJEU”) handed down an important judgment for victims of competition law infringements: ensuring that their fundamental right to compensation for losses caused by such infringements cannot be circumvented by the sale or dissolution (...)

The EU Court of Justice extends the concept of economic continuity to claims for damages so that entities which have violated competition are subject to sanctions (Vantaan Kaupunki / Skanska Industrial Solutions)
Portolano Cavallo (Milan)
Italie 63 contributions 9789 visites
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Portolano Cavallo (Milan)
Italy 6 contributions 642 visits
On March 14, 2019, the Court of Justice of the European Union (CJEU) delivered a landmark judgment in a preliminary referral from the Korkein Oikeus (the Finnish Supreme Court), addressing several pillars of EU competition law (case C-724/17, Vantaa v. Skanska Industrial Solutions and others). (...)

The EU Court of Justice rules that parent companies cannot use corporate restructuring to circumvent their liability for the damages incurred due to a competition law infringement committed by their subsidiaries where the former continues the economic activities during the dissolvency of the latter (Vantaan / Skanska)
Johns Hopkins Medicine (Baltimore)
1 contribution 38 visits
BUYERS BEWARE: EU COMPETITION LAW CONCEPT OF "UNDERTAKING" IS APPLICABLE IN ACTIONS FOR DAMAGES AS WELL* In its preliminary ruling procedure under Article 267 of the Treaty on the Functioning of the European Union (“TFEU”), the Court of Justice of the European Union (“the CJEU”) issued a (...)

The EU Court of Justice 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)
Belgique 116 contributions 71612 visites
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Herbert Smith Freehills (London)
Royaume-Uni 59 contributions 21008 visites
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Herbert Smith Freehills (London)
Royaume-Uni 44 contributions 8868 visites
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 US District Court for the Middle District of North Carolina alleges that two universities violated antitrust laws by agreeing not to permit lateral moves of faculty, pushing one university to settle the class action lawsuit (Seaman / Duke University)
Constantine Cannon (Washington)
United States 1 contribution 186 visits
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Constantine Cannon (New York)
United States 3 contributions 719 visits
The Middle District of North Carolina No-Poach Class Action: Duke Finally Settles* While Duke University and the University of North Carolina (“UNC”) may be fierce sporting rivals on “Tobacco Road,” their alleged agreement not to compete for medical school faculty demonstrates how easily (...)

The EU General Court awards damages to an envelope producer due to the EU Commission’s failure to include default interest when repaying an annulled cartel fine (Printeos)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 46553 visits
On 12 February 2019, the EU General Court (“GC”) awarded € 184,592.95 in damages to envelopes producer Printeos in view of the European Commission’s failure to pay default interest when repaying a cartel fine which had previously been annulled by the GC. In 2014, following a settlement (...)

The Dutch Court of Appeal dismisses claimant’s appeal in follow-on cartel damages claim in relation to the elevators and escalators cartel (East West Debt)
Simmons & Simmons (Amsterdam)
Netherlands 2 contributions 186 visits
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Greenberg Traurig (Amsterdam)
Netherlands 6 contributions 5962 visits
Introduction In 2007, the EC imposed fines on several international elevators and escalators (hereafter: “lift”) companies for a violation of Article 81 of the EC Treaty (now Article 101 TFEU). Following the EC decision, follow-on claims have been launched in both Belgium and in the (...)

The German Federal Court of Justice decides that in a quota-fixing and customer-assigning cartel, the prerequisites for prima facie evidence to establish whether the cartel has inflicted damage and whether it has affected individual orders are not fulfilled (Rail cartel)
Noerr (Berlin)
Germany 1 contribution 153 visits
German Federal Court of Justice: no double prima facie evidence in cartel damages litigation* In a landmark ruling dated 11 December 2018 (KZR 26/17 – “rail cartel”), the German Federal Court of Justice decided that, in a quota-fixing and customer-assigning cartel, the prerequisites for (...)

The US District Court for the Southern District of Florida receives an antitrust claim against Bitcoin companies concerning alleged coordination to restrain trade (United American Corp / Bitmain)
Constantine Cannon (New York)
États-Unis 2 contributions 552 visites
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 of Justice rejects econometrics analysis in a cartel damages case for being too complex (BritNed / ABB)
University of Buckingham
United Kingdom 4 contributions 2011 visits
BritNed Development Ltd v. ABB AB and ABB Ltd [2018] EWHC 2616 (Ch). (“BritNed”) is the first English cartel damage judgment and the first to consider an econometric approach to calculating overcharges. The court rejected the claimant’s econometric analysis as ‘too complex’ and “unspecific”. (...)

The UK High Court delivers its first follow-on cartel damages case judgment in the electricity interconnected cable market (BritNed / ABB)
Freshfields Bruckhaus Deringer (London)
United Kingdom 1 contribution 127 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 1 contribution 127 visits
The High Court has delivered its decision in the claim brought by BritNed Development Limited (BritNed) against ABB AB and ABB Ltd (together ABB). The case is significant as it is the first cartel damages claim to reach final judgment in the English courts. BritNed alleged that it suffered (...)

The UK High Court of Justice rejects methodology for estimating overcharges on cables based on economic evidence (BritNed / ABB)
The Brattle Group (London)
United Kingdom 2 contributions 686 visits
ABSTRACT In the first cartel overcharge claim brought in the English High Court, the claimant’s methodology for estimating ABB overcharges on the BritNed cable was comprehensively rejected. The Court concluded that the claimant’s econometric analysis was insufficiently grounded in facts and (...)

The Dutch District Court of Rotterdam rules that a producer of bitumen, a material used in the construction of roads, is jointly and severally liable for cartel participation and that the alleged infringement is not time-barred (Van Gelder / Shell / Kuwait)
Jones Day (Amsterdam)
Netherlands 11 contributions 268 visits
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Jones Day (Amsterdam)
Netherlands 11 contributions 268 visits
Brief summary of facts In its Decision of 13 September 2006, the European Commission found that 8 suppliers of road construction bitumen and 6 main road manufacturers infringed the cartel prohibition. Van Gelder claimed that they suffered damage as a result of the cartel because they were (...)

The Commercial Courts of Barcelona and Madrid render judgments in follow-on suits against a cartel in the envelopes market (Planeta / Misiones Salesianas / Bankoa...)
Callol, Coca & Asociados (Madrid)
Espagne 170 contributions 46105 visites
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Callol, Coca & Asociados (Madrid)
Spain 65 contributions 22000 visits
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Latham & Watkins (Brussels)
Belgium 24 contributions 3206 visits
Update on damages claims in Spain - paper envelope cartel damages recovery. Several rulings have been issued by Spanish lower courts shedding light on key aspects of antitrust damages claims, such as the treatment of evidence concerning the calculation of compensation for damages. Also the (...)

The UK Competition Appeal Tribunal set to commence proceedings in a follow-on collective damages claim filed against truck manufacturers for participating in an illegal cartel (Trucks Cartel)
Osborne Clarke (London)
United Kingdom 28 contributions 718 visits
Brief summary of facts RHA is applying for a collective proceedings order (“CPO”) permitting it to act as the class representative bringing a collective damages action on an opt-in basis. The proposed collective proceedings would combine follow-on actions for damages arising from a July 2016 (...)

The Alberta Court of Queen’s Bench (Canada) rules in a private claim regarding a joint venture agreement between two purchasers of chemicals products (Dow Chemical Canada / Nova Chemicals Corporation)
Steve Szentesi Law Corporation (Vancouver)
France 55 contributions 14420 visits
Alberta Court of Queen* In a recent decision handed down by the Alberta Court of Queen’s Bench, in Dow Chemical Canada ULC v. NOVA Chemicals Corporation, 2018 ABQB 482 (“Dow Chemical”), the Court established both new law and confirmed earlier case law under sections 45 and 90.1 of the (...)

The US District Court for the Eastern District of Pennsylvania finds that a company was not part of a conspiracy to manipulate the supply of eggs and raise prices (In re Processed Egg Prods)
Dechert (Philadelphia)
United States 2 contributions 371 visits
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Dechert (Philadelphia)
United States 3 contributions 711 visits
The case began 10 years ago when a class of companies that purchase eggs sued the country’s leading egg producers, seeking more than $1 billion in damages. The plaintiffs claimed that the egg producers conspired to manipulate the supply and raise prices for eggs. Specifically, the buyers (...)

The German Federal Court of Justice grants a claim for damages relating to a cement cartel by extending the time period in which limitation rules can be suspended (Cement Cartel)
McDermott Will & Emery (Brussels)
Belgium 43 contributions 7494 visits
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McDermott Will & Emery (Paris)
France 134 contributions 65703 visits
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 6983 visits
This landmark judgment of the German Federal Court of Justice concerns an action for damages relating to the German cement cartel. However, the judgment has much wider implications and is relevant for damage claims relating to other cartel infringements. The Federal Court extended the (...)

The German Federal Court of Justice rules on the statute of limitations for cartel damages claims (Cement Cartel)
Hausfeld (Berlin)
Germany 11 contributions 3058 visits
In a landmark ruling today, the Federal Court of Justice (“FCJ”) ruled on the statute of limitations for cartel damages claims. Since July 2005, the German Act against Restraints provides that the statute of limitations for damages claims is suspended pending an investigation by competition (...)

The German Supreme Court rules that statute of limitations is tolled for cartel damages claims that arose before July 2005 (Cement Cartel II)
Hausfeld (Düsseldorf)
Germany 1 contribution 59 visits
Introduction: The tolling of the statute of limitations for cartel damages claims. According to former Section 33 Para. 5 of the German Act against Restraints of Competition (hereinafter Section 33(5)) the statute of limitations with respect to private cartel damages claims is tolled if a (...)

The German Federal Court clarifies controversial judgments around the statute of limitations for cartel damages claims (Cement Cartel)
Hogan Lovells (Munich)
Germany 65 contributions 25039 visits
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Hogan Lovells (Munich)
Germany 39 contributions 4310 visits
I. Introduction On 12 June 2018, the German Federal Court of Justice (Bundesgerichtshof, BGH) passed its long-awaited landmark decision in KZR 56/16 (Grauzementkartell II). The BGH held that Sec. 33 (5) of the German Act against Restraints of Competition (ARC) (today Sec. 33h (6) ARC), which (...)

The UK Competition Appeal Tribunal set to commence proceedings in a follow-on collective damages claim filed against truck manufacturers for participating in an illegal cartel (Trucks Cartel)
Osborne Clarke (London)
United Kingdom 28 contributions 718 visits
Brief summary of facts UKTC is applying for a collective proceedings order (“CPO”) permitting it to act as the class representative bringing a collective damages action on an opt-out basis. The proposed collective proceedings would combine follow-on actions for damages arising from a July (...)

The EU Court of Justice AG Campos Sánchez-Bordona suggests interpretation concerning the limitations of the contracting authority’s ability to demand full and unrestricted cooperation from undertakings seeking to reassure them that they have self-cleaned after participating in collusive practices in public markets (Vossloh Laeis / Stadtwerke München)
University of Bristol - Law School
United Kingdom 92 contributions 25309 visits
BID RIGGING, SELF-CLEANING, LENIENCY AND CLAIMS FOR DAMAGES: A BEAUTIFUL PROCUREMENT MESS? (C-124/17)* In his Opinion of 16 May 2018 in Vossloh Laeis, C-124/17, EU:C:2018:316 (not available in English), Advocate General Campos Sánchez-Bordona has offered an interesting view on the (...)

The EU Court of Justice AG Sañchez-Bordona issues opinion on the Member States’ ability to exclude from government tenders companies with a record of past illegality (Vossloh Laeis / Stadtwerke München)
Matheson (Dublin)
Ireland 13 contributions 1401 visits
On 16 May 2018, Advocate General Sañchez-Bordona of the Court of Justice of the European Union opined on the ability of Member States to take a harsh stance on the exclusion from Government tenders of companies with a record of past illegality, such as cartel behaviour or bid-rigging. While (...)

The Belgian Supreme Court dismisses an appeal against an interim judgment of the Brussels Court of Appeal (Kone / Otis / Schindler / ThyssenKrupp)
Court of First Instance of Namur (Namur)
Belgium 224 contributions 46553 visits
On 22 March 2018, the Belgian Supreme Court (the “Supreme Court”) dismissed an appeal against an interim judgment of the Brussels Court of Appeal (the “Court of Appeal”) on the damages claim introduced by the European Commission (the “Commission”). This claim arose following the Commission’s (...)

The US District Court for the Northern District of California denies a motion for class certification for a proposed class of indirect purchasers of lithium ion batteries (Lithium Ion Batteries)
McDermott Will & Emery (Washington)
United States 13 contributions 2772 visits
Indirect purchaser plaintiffs’ motion for class certification in a lithium ion battery suit was denied for failing to show concrete evidence linking increased input costs to increased end-product prices; theoretical inference is not enough. What happened: The US District Court for the (...)

The UK Competition Appeal Tribunal grants an application by the claimant in a damages action in the automobile industry for disclosure of licensing arrangements made by the defendant (Peugeot / NSK)
2 contributions 248 visits
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Matheson (Dublin)
Ireland 6 contributions 1340 visits
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. CAT Rules on Disclosure in Peugeot S.A. and others v NSK Ltd and others* The CAT’s specific disclosure ruling addresses the use of licensing to support (...)

The UK Court of Appeal adopts a ruling allowing plaintiffs in cartel damages actions to advance claims based on overcharges incurred outside of the EU (Iiyama)
Dentons (Brussels)
United States 3 contributions 2166 visits
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Levi Strauss (Brussels)
France 2 contributions 1515 visits
On February 16, 2018, the UK Court of Appeal adopted its much awaited ruling in the iiyama case. Taking stock of the Court of Justice (CoJ) ruling in Intel last year, the Court of Appeal allows plaintiffs in civil cartel damages actions to advance claims based on overcharges incurred by their (...)

The US Court of Appeals for the Third Circuit affirms that a food manufacturer is in a direct purchaser relationship and can claim damages for anticompetitive practices from an egg producer’s third party supplier
Hogan Lovells (Washington)
United States 9 contributions 1012 visits
Brief summary of facts Claimant food manufacturers alleged that defendant egg producers conspired to reduce the population of egg-laying hens, resulting in supracompetitive pricing in the market for shell eggs and egg products. Defendants argued that a portion of the total amount of egg (...)

The EU Commission publishes a report on the implementation of collective redress mechanisms in EU Member States
Court of First Instance of Namur (Namur)
Belgium 224 contributions 46553 visits
On 26 January 2018, the European Commission (the “Commission”) published a report on the implementation of collective redress mechanisms in EU Member States (the “Report”). The Report is the Commission’s opportunity to comprehensively review the implementation of its 2013 Recommendation on (...)

The US Court of Appeals for the Third Circuit issues a decision holding that purchasers have standing to seek damages from suppliers accused of price-fixing (Processed Egg Products)
Skadden, Arps, Slate, Meagher & Flom (Washington)
États-Unis 17 contributions 2859 visites
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Skadden, Arps, Slate, Meagher & Flom (New York)
États-Unis 9 contributions 2724 visites
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Moses & Singer LLP (New York)
6 contributions 1940 visits
Last week, in In re: Processed Egg Products Antitrust Litigation, the U.S. Court of Appeals for the Third Circuit issued a decision holding that purchasers of processed egg products have standing to seek damages from egg suppliers accused of price-fixing in violation of Section 1 of the (...)

Unilateral Practices

 The Dutch District Court of Amsterdam accepts jurisdiction to adjudicate a damages claim against a Big Tech company fined by the EU Commission for abuse of dominance (Google Shopping)
Stek (Amsterdam)
Netherlands 1 contribution 67 visits
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Stek (Amsterdam)
Netherlands 1 contribution 67 visits
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Stek (Amsterdam)
Netherlands 1 contribution 67 visits
Jurisdictional Ruling against Google Confirms Sumal’s Liability Test: Setting a Precedent?* In a recent judgment of 31 May 2023, the Amsterdam District Court (the District Court) accepted jurisdiction to adjudicate a damages case against Google Netherlands B.V. (located in Amsterdam) as well (...)

The US DoJ and 8 State Attorneys General sues a Big Tech company for monopolizing digital advertising technologies, and for the first time in decades seeks damages for a civil antitrust violation (Google)
US Department of Justice (Washington)
États-Unis 175 contributions 74080 visites
Justice Department Sues Google for Monopolizing Digital Advertising Technologies* Through Serial Acquisitions and Anticompetitive Auction Manipulation, Google Subverted Competition in Internet Advertising Technologies Today, the Justice Department, along with the Attorneys General of (...)

The Chinese Supreme People’s Court issues a ruling on resale price maintenance in the automobile retail sector which is likely to prompt more follow-on antitrust litigation (Miao Chong / SAIC-GM)
Jones Day (Shanghai)
China 51 contributions 23636 visits
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Jones Day (Beijing)
Chine 13 contributions 2381 visites
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Jones Day (Beijing)
China 44 contributions 20600 visits
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In Short The Development: China’s Supreme People’s Court recently ruled for the plaintiff in Miao Chong v. SAIC-GM, which marked a rare triumph for a plaintiff in antitrust litigation as a follow-on to an administrative penalty decision. The plaintiff-consumer alleged that a joint venture (...)

The Brazilian Government enacts the Private Enforcement Package Regulations to boost antitrust damages actions
Magalhães e Dias (São Paulo)
Brazil 2 contributions 723 visits
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Magalhães e Dias (São Paulo)
Brazil 1 contribution 73 visits
Last November, on the 10th anniversary of the Brazilian Competition Act (Law No. 12,529/2012, or BCA), a long-expected regulation aiming at incentivizing actions for antitrust damages was enacted in Brazil (the so-called “Brazilian Private Enforcement Package” – BPEP, or Law No. 14,470/2022). (...)

The EU Court of Justice rules that national courts may hear claims under Article 102 TFEU for excessive railway infrastructure fees only after the sector regulator has ruled on the fees’ lawfulness (DB Station)
Van Bael & Bellis (Brussels)
Belgique 34 contributions 7580 visites
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Van Bael & Bellis (Brussels)
Belgium 59 contributions 13933 visits
On 27 October 2022, the European Court of Justice (“ECJ”) handed down a ruling on the permissibility of private damages claims for excessive railway infrastructure fees under Article 102 TFEU. The ECJ found that a national court is precluded from awarding damages for excessive fees until the (...)

The Polish Competition Authority fines a telecoms company for excessive costs of agreement termination (UPC Polska)
Polish Competition Authority (Warsaw)
Pologne 119 contributions 21687 visites
UPC Polska fined for excessive costs of agreement termination - decision of President of UOKiK* UPC’s customers had to pay more for termination of agreement concluded for a definite period than they would have to pay for its continuation. Tomasz Chróstny, President of the Office of Competition (...)

The Amsterdam Court of Appeal rules that two Dutch collective rights organisations abused their joint dominant position by applying unequal conditions when licensing music to cafés and restaurants (Buma / Stemra)
Maverick Advocaten (Amsterdam)
Netherlands 2 contributions 146 visits
The Amsterdam Court of Appeal has ruled that Buma/Stemra has abused its dominant position in relation to suppliers of music for cafés and restaurants. Buma/Stemra applied unequal conditions to streaming services and failed to take measures to remove that inequality. Buma/Stemra was ordered to (...)

The Paris Court of Appeal rejects a damage claim based on an abuse of dominant position without definition of the relevant market (Schneider Electric)
Kramer Levin Naftalis & Frankel (Paris)
France 3 contributions 718 visits
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Kramer Levin Naftalis & Frankel (Paris)
France 2 contributions 104 visits
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Kramer Levin Naftalis & Frankel (Paris)
France 2 contributions 104 visits
In a decision dated March 9, 2022 (No. 19/19747), the Paris Court of Appeal ruled on a competition damage claim action for abuse of dominant position brought against Schneider Electric France and Schneider Electric SA by a company specializing in the installation, maintenance and repair of all (...)

The UK Competition Authority grants a claim for damages against a railway company (Achilles / Network Rail Infrastructure)
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 5 contributions 3199 visits
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Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 26 contributions 8291 visites
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 13 contributions 3327 visits
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The Competition Appeal Tribunal (CAT) has granted a claim for damages by Achilles Information Limited (“Achilles”) against Network Rail Infrastructure Limited (“Network Rail”). The Judgment is the CAT’s first damages award arising from a standalone claim since 2016, and follows the CAT’s (...)

The Larnaca District Court issues an award of €257K to a grain distributor and retailer as compensation for suffering from predatory pricing (AGS Agrotrading / Cyprus Grain Commission)
Harris Kyriakides (Cyprus)
Cyprus 2 contributions 829 visits
Cyprus Courts issue their first judgment awarding civil law damages for breach of competition laws. In the first decision issued by the Cyprus Courts on damages to a corporation as a result of infringement of competition laws, the Larnaca District Court awarded on 9 February 2022 the total (...)

The EU General Court awards €1.8M compensation in favour of a German telecommunications company against the EU Commission for failure to repay default interest from wrongful assessment of abuse of dominant position in the Slovak market for broadband (Deutsche Telekom)
General Court of the European Union (Luxembourg)
Luxembourg 61 contributions 29518 visites
The General Court awards Deutsche Telekom compensation in the amount of approximately € 1.8 million for the harm which it suffered as a result of the European Commission’s refusal to pay it default interest on the amount of the fine which it had unduly paid for an infringement of competition (...)

The Spanish Commercial Court of Madrid finds that the national football federation has abused its dominant position by implementing an unfair tendering procedure and orders the organisation to pay damages (Royal Spanish Football Federation / Mediapro)
Callol, Coca & Asociados (Madrid)
Espagne 170 contributions 46105 visites
The Judgment has found the RFEF liable for abusive conduct contrary to Articles 102 TFEU and 2 of the Spanish Competition Act. The Court further ordered the RFEF to pay compensation for damages. By way of background, Mediapro had filed a lawsuit before the Court against RFEF arguing a breach (...)

The US FTC orders multiple pharmaceutical companies to provide up to $40M in damages for monopolizing the drug "Daraprim" and bans their executives from working in the sector (Vyera Pharmaceuticals / Martin Shkreli / Kevin Mulleady)
US Federal Trade Commission (FTC) (Washington)
États-Unis 169 contributions 40023 visites
FTC, States to Recoup Millions in Relief for Victims Fleeced by ‘Pharma Bro’ Scheme to Illegally Monopolize Life-Saving Drug Daraprim* ’Pharma Bro’ Associate Mulleady banned from pharma industry and corporate defendants to pay up to $40 million; Trial set to begin next week for ‘Pharma Bro’ (...)

The UK Competition Authority finds a breach in competition law by a price comparison website that leads to an opt-out collective claim based on the allegation that the website’s conduct led to higher prices of home insurance for consumers (ComparetheMarket)
Hausfeld (London)
United Kingdom 6 contributions 1056 visits
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Hausfeld (London)
United Kingdom 11 contributions 1580 visits
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Hausfeld (London)
United Kingdom 4 contributions 818 visits
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London, 1 November 2021 - An opt-out collective claim on behalf of over 20 million UK consumers of home insurance has been filed today by Home Insurance Consumer Action against the companies behind Comparethemarket.com. The claim follows the Competition and Markets Authority’s finding last (...)

The Paris Court of Appeal orders a tobacco supplier to pay damages of almost €127M to two distributors for lost profits as a result of resale price maintenance agreements (Lorillard / AVGR / Lagache)
Nest Avocats (Paris)
France 14 contributions 39085 visits
The Paris Court of Appeal ordered LORILLARD, head of the LORENOVE concession network, to pay to two of its dealers (AVGR and LAGACHE), belonging to the same group of companies, respectively the sums of €62,952.93 and €64,021.58 for having imposed resale prices on them from 2010 to 2013. (...)

The Chinese Intermediate People’s Court of Ningbo City enforces mandatory licensing for "essential facility" patents in an antitrust case (Ketian / Hitachi)
Jones Day (Hong Kong)
Hong Kong 2 contributions 417 visits
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Jones Day (Shanghai)
China 51 contributions 23636 visits
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Jones Day (Beijing)
China 44 contributions 20600 visits
In Short The Development: China’s Ningbo Intermediate People’s Court ruled that Hitachi Metals ("Hitachi") allegedly abused its dominance when it refused to license patents necessary for the production of sintered neodymium-iron-boron ("sintered NdFeB"). The Significance: This is the first (...)

The UK Competition Appeal Tribunal provides guidance for post-Brexit permission to serve out of the jurisdiction applications and confirms that damages occasioned by anti-competitive conduct will not be narrowly construed (Epic Games / Apple / Google)
Hausfeld (London)
United Kingdom 20 contributions 5142 visits
The Tribunal issued its combined permission to serve out of the jurisdiction judgment in Epic Games v Apple (the Apple Claim) and Epic Games v Google (the Google Claim) on 22 February 2021, declining permission for service on Apple Inc. and granting permission for service for a subset of (...)

The Paris Commercial Court imposes a €1.2 million fine on a Big Tech company for abuse of a dominant position against a telephone directory services company (Oxone Technologies / Google)
Addleshaw Goddard (Paris)
France 39 contributions 44049 visites
In the context of a stand-alone action – which falls under the new provisions resulting from the transposition of the Damages Directive – the Paris Commercial Court ruling at first instance orders Google to pay EUR 1,2 million in damages to Oxone, a telephone directory services company. Oxone (...)

The Paris Commercial Court rules that a Big Tech company should pay €1.27 million in antitrust damages for abuse of its dominant position in the online search advertising market (Oxone Technologies / Google)
Hausfeld (London)
United States 3 contributions 699 visits
Following a stand-alone claim filed by a directory enquiry services provider, the Paris Commercial Court ruled, on 10 February 2021, that Google holds a dominant position in the online search advertising market through Google Ads and abuses that position by setting up rules which are “neither (...)

The UK Competition Authority publishes a notice of a standalone competition damages claim against a trade association for abusing its dominant position and engaging in anti-competitive agreements (International Tin Association)
Herbert Smith Freehills (London)
United Kingdom 11 contributions 2865 visits
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Herbert Smith Freehills (London)
Royaume-Uni 44 contributions 8868 visites
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Herbert Smith Freehills (London)
Royaume-Uni 59 contributions 21008 visites
On 26 January 2021 the Competition Appeal Tribunal (CAT) published a notice of a standalone competition damages claim (brought under section 47A of the Competition Act 1998) by Kerilee Investments, a metal trader, against the International Tin Association, a UK based trade association. The (...)

The French Supreme Court confirms that the incumbent horse race betting operator abused its dominant position (PMU)
Van Bael & Bellis (Brussels)
Belgium 23 contributions 24300 visits
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Hogan Lovells (Brussels)
Belgique 4 contributions 567 visites
On 14 October 2020, the French Supreme Court (“Cour de Cassation”) confirmed the Court of Appeals’ finding that horserace-betting company Pari Mutuel Urbaine (“PMU”) abused its dominant position in the market for physical horserace betting by pooling bets with those in the online market. (...)

The US Court of Appeals for the Federal Circuit reverses a judgment that upheld “skinny labels” and allowed a generic medicine to launch on uses not covered by a patent (GlaxoSmithKline / Teva)
Rutgers University (New Brunswick)
United States 26 contributions 24776 visits
On October 2, 2020, the U.S. Court of Appeals for the Federal Circuit vacated a district court’s judgment in favor of defendant Teva in a case involving “skinny labels.” GlaxoSmithKline LLC v. Teva Pharm. USA, Inc., 976 F.3d 1347 (Fed. Cir. 2020). When a drug can be used to treat multiple (...)

The US Court of Appeals for the Third Circuit upholds a lower Court’s ruling certifying a class of pharmaceutical drug purchasers alleging that the defendant engaged in anticompetitive behavior to maintain its monopoly over a drug (Indivior)
Hausfeld (Washington)
États-Unis 7 contributions 976 visites
On July 28, 2020, a Third Circuit Court of Appeals panel unanimously upheld a lower court ruling certifying a class of Suboxone purchasers who alleged that the defendant Indivior Inc. engaged in anticompetitive behavior to maintain its monopoly over the drug. The Third Circuit panel rejected (...)

The German Federal Court of Justice clarifies obligations of parties in SEP licensing negotiations on FRAND terms (Sisvel / Haier)
Van Bael & Bellis (Brussels)
Belgique 24 contributions 4805 visites
In its judgment of 5 May 2020, the Federal Court of Justice (“FCJ”) overturned the appeal ruling of the Higher Regional Court of Düsseldorf (the “Düsseldorf Court”) and found that Haier’s mobile telephones and tablets infringed Sisvel’s standard-essential patent (“SEP”) and that Sisvel had not (...)

The German Federal Court of Justice issues a judgment in a case involving SEP licensing negotiations on FRAND terms between two companies active in the mobile telecommunications market (Sisvel / Haier)
Van Bael & Bellis (Brussels)
Belgique 154 contributions 52584 visites
On 5 May 2020, the German Federal Court of Justice (Bundesgerichtshof - the “FCJ”) delivered a judgment in a case pitting Sisvel against Haier which deals with the licensing of Standard Essential Patents (“SEP”) on terms that are fair, reasonable and non-discriminatory (“FRAND”). This is the (...)

The Italian Court of Cassation rules on the limitation period of antitrust damages claims in two judgments in the telecommunications sector (Uno Communications / Telecom Italia) (Uno Communications / Vodafone Italia)
French Competition Authority (Paris)
France 3 contributions 834 visits
1.- Introduction By judgements issued on the 27th of February, 2020, No. 5381, and on the 3rd of April 2020, No. 7677, the Italian Court of Cassation (Corte di Cassazione) ruled that the antitrust damages claims brought by Uno Communications S.p.A. against Vodafone Italia S.p.A. and Telecom (...)

The Nanjing Intermediate People’s Court rules in favour of an undertaking and its subsidiary in an abuse of dominance case against its suppliers of active pharmaceutical ingredient and awards the plaintif damages as compensation for anti-competitive conduct totally $10 million (Yangtze River)
Hogan Lovells Fidelity (Shanghai)
3 contributions 417 visites
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Hogan Lovells (Beijing)
Chine 81 contributions 19720 visites
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Hogan Lovells Fidelity (Shanghai)
9 contributions 2183 visites
On 18 March 2020 the Nanjing Intermediate People’s Court (court) ruled in favor of Yangtze River Pharmaceutical Group and its subsidiary (Yangtze Pharma) in an abuse of dominance case against its suppliers of active pharmaceutical ingredients (API). The court awarded the plaintiffs a record (...)

The Indian Competition Authority fines real estate company for abuse of dominance by imposing one-sided clauses in contracts in the market for sale of independent villas (Jaiprakash Associates)
Vaish Associates Advocates (New Delhi)
Inde 263 contributions 41949 visites
CCI fines Jai Prakash Associates for abusing its dominant position in the market for sale of independent villas in Integrated Townships in the territory of Noida and Greater Noida* CCI, imposed a penalty of INR 13.82 Crores on Jai Prakash Associates (“JPA”) for abusing its dominant position (...)

The US District Court for the Southern District of Texas Houston Division dismisses an antitrust claim ruling that the lobbying of local governments is protected from antitrust litigation by the First Amendment (Tricon Precast / Easi‑Set)
Jones Day (Houston)
United States 35 contributions 15623 visits
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Jones Day (Dallas)
United States 4 contributions 896 visits
Last week, the U.S. District Court for the Southern District of Texas dismissed antitrust claims against Easi‑Set Industries. Plaintiff Tricon Precast claimed Easi‑Set violated the Sherman Act and Texas Antitrust Act when it successfully lobbied the Texas Department of Transportation to (...)

The US Court of Appeals for the Third Circuit affirms a directed verdict following a rare price discrimination trial (Spartan Concrete Products / Argos USVI)
Jones Day (Washington)
United States 4 contributions 780 visits
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Jones Day (Cleveland)
United States 12 contributions 4529 visits
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United States 23 contributions 11311 visits
Failure to show antitrust injury proved fatal to price discrimination claims as the Third Circuit affirmed a directed verdict in favor of cement company, Argos USVI, in a case brought by its customer, ready-mix concrete company Spartan Concrete Products ("Spartan"). This decision highlights (...)

The US Court of Appeals for the Third Circuit affirms a bench trial’s decision in a rare price discrimination suit (Spartan Concrete Products / Argos USVI)
Hausfeld (New York)
United States 12 contributions 2858 visits
Robinson-Patman Act decisions are rare. This often is because legitimate complaints against a supplier providing favorable pricing to a complaining customer’s competitors either are settled out of court or prior to a decision on the merits. So it is of interest when a price discrimination suit (...)

The Helsinki District Court hands down two judgements regarding compensation of harm resulting from predatory pricing in the milk market (Maitomaa / Valio) (Maitokolmio / Valio)
Hannes Snellman (Helsinki)
Finland 23 contributions 3003 visits
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Bird & Bird (Helsinki)
Finland 14 contributions 1088 visits
In June 2019, the District Court of Helsinki handed down two judgments regarding compensation of harm resulting from predatory pricing. The claims for damages were brought before the court by two milk producers’ cooperatives, Maitomaa and Maitokolmio, with respect to a predatory pricing case (...)

The Czech Supreme Court confirms that invoking trademark rights to prevent parallel imports can amount to an abuse of dominance (Fiskars / Mountfield)
Skils (Prague)
Czech Republic 34 contributions 25968 visits
On 29 May 2019, the Supreme Court (SC) partially granted an extraordinary appealed lodged by Mountfield against the previous judgment of the High Court in Prague of 23 May 2017 (Ref.No. 3 Cmo 132/2016) in a dispute with Fiskars concerning an alleged violation of Firskars’ rights to trademarks (...)

The US Supreme Court holds that consumers are direct purchasers of apps and consequently have standing to sue an app store owner for monopolisation and high prices (Apple / Pepper)
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 7 contributions 3340 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
États-Unis 21 contributions 5580 visites
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Skadden, Arps, Slate, Meagher & Flom (New York)
États-Unis 9 contributions 2724 visites
On May 13, 2019, in a 5-4 decision in Apple Inc. v. Pepper, the U.S. Supreme Court held that consumers of iPhone apps are direct purchasers of Apple and therefore have standing to sue the company for alleged monopolization of the aftermarket for iPhone apps in violation of Section 2 of the (...)

The Danish Competition Authority reaches a landmark abuse of dominance decision against an ambulance services provider that leads to a huge damages settlement (Falck / BIOS)
Szecskay Attorneys at Law (Budapest)
Hungary 3 contributions 1047 visits
HUGE DAMAGES SETTLEMENT FOLLOWING LANDMARK ABUSE OF DOMINANCE DECISION On January 30 2019, the Danish Competition Council (the “DCC”) found that ambulance services provider, Falck, had abused its dominant position under Article 102 TFEU. The DCC held that following a failed tender bid to the (...)

The Ontario Superior Court holds that misleading information can trigger class actions as a breach of the Competition Act (Rebuck / Ford Motor)
Steve Szentesi Law Corporation (Vancouver)
France 55 contributions 14420 visits
Key Requirements For Misleading Advertising Civil Actions Confirmed By Ontario Superior Court* In a recent case handed down by the Ontario Superior Court of Justice, in Rebuck v. Ford Motor Company, the Court confirmed key requirements for commencing Competition Act misleading advertising (...)

The US District Court for the Northern District of California denies a motion for a summary judgment that a company’s standard essential patent licensing practices breached its FRAND obligations (ASUS / InterDigital)
Hogan Lovells (Washington)
United States 1 contribution 94 visits
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Hogan Lovells (Washington)
United States 1 contribution 94 visits
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Baker McKenzie (Washington)
United States 3 contributions 131 visits
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This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In a decision published in redacted form, Judge Beth Labson Freeman of the Northern District of California denied ASUSTek Computer Inc.’s and ASUS Computer (...)

The Cypriot Competition Authority rejects allegations of abuse of dominance regarding an exclusive dealing agreement for the supply of hairdressing salon products (Angela Antoniadou / A.J. Vouros)
Harris Kyriakides (Cyprus)
Cyprus 1 contribution 188 visits
Introduction On 30 November 2018, the Cyprus Commission for the Protection of Competition (the Commission) rejected a cοmplaint for infringement of Section 6 of the Protection of Competition Law (Law 13(I)/2008), as amended (the Law). The aforementioned alleged infringement was based on the (...)

The Ukrainian Supreme Court affirms the Appeal Court’s decision and upholds the right of a party to claim for damages arising from a competition law violation in the market for cargo transportation (Nibulon / Ukrzaliznytsya)
Asters (Kiev)
Ukraine 3 contributions 80 visits
Brief summary of facts In 2013, the AMC rendered a decision (upon relevant complaint of Nibulon, a Ukrainian agricultural company specializing in production and export of grains wheat, barley, corn), according to which Ukrzaliznytsya was fined for abuse of dominance in the market of cargo (...)

The US Supreme Court finds that there was no abuse of dominance in a dominant firm’s requirements against competitors because the market is a two-sided platform (American Express)
Hogan Lovells (Washington)
United States 9 contributions 1012 visits
Brief summary of facts After merchant plaintiffs brought a private enforcement action against American Express in 2008, [1] the United States and several individual states similarly brought suit in 2010, alleging that American Express’s use of anti-steering provisions in its contracts with (...)

The UK High Court affirms its jurisdiction to hear claims relating to losses suffered by a UK company over an alleged abuse of a dominant position (Apple / Qualcomm)
Osborne Clarke (London)
United Kingdom 28 contributions 718 visits
Brief summary of judgment Summary judgment and jurisdiction ruling: May 2018 The High Court held that the claim against the First Defendant had no real prospect of success. Qualcomm (UK) Limited was not the owner of the relevant patents. Therefore, it had not taken on any relevant (...)

The Ukrainian Supreme Court affirms the fine issued by the Competition Authority to an electricity supplier for abusing monopoly powers in the regional market for electricity transmission (Chernihivoblenergo)
Asters (Kiev)
Ukraine 3 contributions 80 visits
Brief summary of facts In 2015, LLC "Torhova enerhetychna kompaniya "Elkom" (Elkom), a business entity active in the electricity market, particularly as a supplier of the electricity, filed with the Administrative Chamber of Chernihiv region Department of the Antimonopoly Committee of (...)

The US District Court for the Central District of California hears private enforcement actions alleging price discrimination by an energy drink manufacturer (Living Essentials)
Bona Law (Detroit)
États-Unis 25 contributions 5554 visites
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. ROBINSON-PATMAN SUITS AGAINST 5-HOUR ENERGY MAKER PROVIDE LESSONS FOR OTHER SUPPLIERS* Living Essentials LLC, the maker of 5-hour Energy drinks, has faced (...)

Mergers

 The EU General Court dismisses a damages action for €1.74B brought by a courier delivery services company against the Commission for the losses and costs resulting from the annulment of a merger prohibition decision (UPS / TNT)
Ashurst (Brussels)
Belgique 4 contributions 735 visites
On 23 February 2022, the General Court dismissed UPS’s damages action for EUR 1.74 billion against the European Commission for the losses and costs resulting from the annulment of the UPS/TNT merger prohibition decision. Key takeaways Annulment of a merger prohibition decision will not (...)

The EU General Court dismisses a €1.7B claim for damages brought by a courier delivery services company in which it sought compensation for losses resulting from the Commission’s decision to block a merger with its rival (UPS / TNT)
White & Case (Brussels)
Belgique 17 contributions 10731 visites
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White & Case (Brussels)
Belgium 17 contributions 7105 visits
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White & Case (Brussels)
Belgium 20 contributions 10182 visits
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On 23 February 2022, the EU’s General Court (GC) dismissed a €1.7 billion claim for damages brought by United Parcel Service Inc. (UPS) against the European Commission (EC). UPS sought compensation for the losses resulting from the EC’s decision to block UPS’ merger with TNT NV (TNT). The GC, (...)

The German Federal Court of Justice rules that where consideration in a public acquisition is not adequate shareholders may be entitled to sue
Morgan Lewis (Frankfurt)
Germany 1 contribution 1593 visits
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Morgan Lewis (Frankfurt)
Germany 1 contribution 1593 visits
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Morgan Lewis (Frankfurt)
Germany 1 contribution 1593 visits
RECENT CASE LAW RELATING TO PUBLIC TENDER OFFERS UNDER THE GERMAN SECURITIES ACQUISITION AND TAKEOVER ACT (WPÜG): The German Federal Court of Justice (FCJ) pronounced on November 23, 2021 two judgments in parallel proceedings that may have landmark effect. In contrast to the FCJ’s earlier (...)

The US Court of Appeals for the Fourth Circuit upholds its earlier decision ordering the divestiture of a corporate acquisition in a private antitrust lawsuit (Steves & Sons / Jeld-Wen / CMI)
Herbert Smith Freehills (New York)
United States 1 contribution 113 visits
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Latham & Watkins (London)
United Kingdom 3 contributions 355 visits
On March 22, 2021, the US Court of Appeals for the Fourth Circuit upheld its earlier decision ordering the divestiture of a corporate acquisition in a private antitrust lawsuit, where US merger control authorities had previously cleared the transaction. The decision represents the first time (...)

The US Court of Appeals for the Fourth Circuit upholds the first divestiture order in an antitrust suit brought by a private party challenging a merger, years after the transaction, in the door manufacturing sector (Steves & Sons / Jeld-Wen / CMI)
Clifford Chance (Washington)
United States 11 contributions 2536 visits
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Baker Botts (Washington)
United States 2 contributions 557 visits
On February 18, 2021, the U.S. Court of Appeals for the Fourth Circuit upheld the first divestiture order in an antitrust suit brought by a private plaintiff which challenged its rival’s acquisition four years after the transaction. Post-consummation merger challenges are rare and—until (...)

The US State of Delaware Chancery Court issues an opinion in litigation between two health-insurance giants over a failed merger and confirms that neither is entitled to damages (Anthem / Cigna)
Skadden, Arps, Slate, Meagher & Flom (New York)
United States 1 contribution 146 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 22 contributions 6663 visits
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Skadden, Arps, Slate, Meagher & Flom (New York)
United States 21 contributions 5580 visits
On August 31, 2020, the Delaware Chancery Court issued an opinion in litigation between Anthem and Cigna related to the contract in their terminated merger. In its sprawling 306-page opinion, the court detailed a “corporate soap opera” in which the parties’ “battle for power spanned multiple (...)

The Ankara 9th Administrative Court orders a stay of execution on a port acquisition after the Competition Authority’s conditional clearance with behavioural remedies (Kumport)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 168 contributions 80973 visites
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Kia (Frankfurt)
Germany 6 contributions 2856 visits
Background Limar Liman ve Gemi İşletmeleri A.Ş. (“Limar”), which is controlled by Arkas Holding A.Ş. (“Arkas”) notified to the Turkish Competition Authority (the “Authority”) its acquisition of the sole control over Mardaş Marmara Deniz İşletmeciliği A.Ş. (“Mardaş” or the “Target”) operating (...)

The US District Court for the Eastern District of Virginia orders a defendant in private antitrust litigation to divest a manufacturing plant following a competitor’s merger challenge (Steves & Sons / Jeld-Wen / CMI)
Jones Day (Houston)
United States 35 contributions 15623 visits
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Jones Day (Washington)
United States 7 contributions 2094 visits
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Sheppard Mullin (Washington)
United States 4 contributions 907 visits
A federal district court has ordered a defendant in private antitrust litigation to divest a manufacturing plant following a competitor’s merger challenge. Although the decision is certain to be appealed, it may embolden customers or competitors wishing to challenge a transaction and create (...)

The US District Court for the Eastern District of Virginia requires divestiture in a long-consummated merger (Steves & Sons / Jeld-Wen / CMI)
Jones Day (Houston)
United States 35 contributions 15623 visits
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Jones Day (Washington)
United States 20 contributions 3891 visits
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Sheppard Mullin (Washington)
United States 4 contributions 907 visits
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This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Congratulations! Your deal navigated through antitrust review, you closed the transaction, and you are making your way through the three-year integration plan. (...)

State Aid

 The EU Court of Justice rules that compensatory payments may be categorised as State aid and must comply with relevant de minimis regulations (Satini-S / Dabas aizsardzības pārvalde)
Maastricht University
Belgium 353 contributions 64014 visits
Compensation for Damage and De Minimis Aid* Compensation for damage caused by protected animals is State aid. Member States may categorise compensatory payments as de minimis aid and refuse to make payments in excess of the de minimis threshold. Introduction Advantage in the meaning of (...)

The EU Court of Justice finds that the General Court erred in law when finding the Commission incompetent to examine, in the light of the law on State aid, the compensation paid to Swedish investors by Romania in the implementation of an arbitral award (Micula)
European Court of Justice (Luxembourg)
Luxembourg 329 contributions 102218 visites
The General Court erred in law in finding that the Commission lacked competence to examine, in the light of the law on State aid, the compensation paid to Swedish investors by Romania in implementation of an arbitral award* While that award had upheld the argument of those investors that (...)

The EU Commission approves a €2.55 billion Portuguese restructuring aid in favour of a national airline company and a €107 million compensation for damages suffered due to COVID-19 pandemic (TAP Air Portugal)
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves €2.55 billion Portuguese restructuring aid in favour of TAP Group and €107 million compensation for damages suffered due to coronavirus pandemic* Today, the European Commission has approved, under EU State aid rules: (i) €2.55 billion of restructuring aid to (...)

The EU Commission approves a €520 million Italian scheme to compensate the trade fairs and congress sector for damages suffered due to the COVID-19 pandemic
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves €520 million Italian scheme to compensate the trade fairs and congress sector for damages suffered due to the coronavirus outbreak* The European Commission has approved, under EU State aid rules, a €520 million Italian scheme to compensate companies active in (...)

The EU Commission opens an investigation on State Aid granted by the Romanian government to an airline company (Tarom)
Romanian Competition Council (Bucharest)
Roumanie 158 contributions 27578 visites
The Investigation opened by European Commission in Tarom Case is a procedural step of State aid Assessment* The Romanian Government granted Tarom an individual rescue state aid, amounting Euro 36.7 million that was approved by the European Commission in February 2020, given that the company (...)

The EU Commission approves €24.7 million Italian aid to compensate a national airline company for further damages suffered due to the COVID-19 pandemic (Alitalia)
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves €24.7 million of Italian support to compensate Alitalia for further damages suffered due to coronavirus outbreak* The European Commission has found €24.7 million of Italian support in favour of Alitalia to be in line with EU State aid rules. This measure aims (...)

The Italian Supreme Court decides, following a preliminary reference to the EU Court of Justice, that aid which predated EU market liberalisation can constitute new State aid (Fallimento Traghetti del Mediterraneo)
BonelliErede (Brussels)
Belgium 28 contributions 23116 visits
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Luiss Guido Carli University (Rome)
Italy 23 contributions 955 visits
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BonelliErede (Brussels)
Belgium 24 contributions 1918 visits
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On 16 October 2020, the Supreme Court delivered Decision No. 22631 in a case concerning alleged aid granted by the Italian Government to a company operating in the maritime cabotage sector. Background & facts of the case In 1981, Fallimento Traghetti del Mediterraneo S.p.A. (“TDM”) (...)

The EU Commission approves €199.45 million Italian support to compensate a national airline for damages suffered due to the COVID-19 pandemic (Alitalia)
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves €199.45 million Italian support to compensate Alitalia for damages suffered due to coronavirus outbreak* The European Commission has found Italian €199.45 million support in favour of Alitalia to be in line with EU State aid rules. The measure aims at (...)

The EU Commission approves €62 million Romanian loan guarantee to compensate a national airline for damages suffered due to the COVID-19 pandemic and provide the airline with urgent liquidity support (Blue Air)
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves €62 million Romanian loan guarantee to compensate Blue Air for damage suffered due to coronavirus outbreak and provide the airline with urgent liquidity support* The European Commission has approved, under EU State aid rules, a Romanian loan guarantee of up to (...)

The EU Commission approves €150 million Austrian subordinated loan to compensate a national airline company for damages suffered due to the COVID-19 pandemic (Austrian Airlines)
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves €150 million Austrian subordinated loan to compensate Austrian Airlines for damages suffered due to coronavirus outbreak* The European Commission has found an Austrian €150 million subordinated loan (convertible into a grant) in favour of Austrian Airlines AG (...)

The EU Commission approves €3.7 billion Swedish scheme to compensate companies for damages suffered due to the COVID-19 pandemic
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves €3.7 billion Swedish scheme to compensate companies for damages suffered due to coronavirus outbreak* The European Commission has found an approximately €3.7 billion (SEK 39 billion) Swedish scheme that partially compensates companies exposed to large turnover (...)

The EU Commission approves €8 billion Austrian scheme to compensate companies for damage caused by the COVID-19 pandemic
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2811671 visits
State aid: Commission approves €8 billion Austrian scheme to compensate companies for damage caused by coronavirus outbreak* The European Commission has found a €8 billion Austrian scheme to compensate companies for damages related to the coronavirus outbreak to be in line with EU State aid (...)

The EU General Court dismisses the appeal of financial services companies which wanted to annul a State aid (BPC Lux 2)
Maastricht University
Belgium 353 contributions 64014 visits
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 do not impose time limitation rules when national courts deal with a claim for damages arising from non-notified aid (Fallimento Traghetti del Mediterraneo)
Maastricht University
Belgium 353 contributions 64014 visits
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 (...)

The French Administrative Court of Appeal for Nantes annuls a recovery order on the grounds that rights of the defence were infringed by denying the aid beneficiary a right of reply regarding the calculation of recovery order (Vergers de Chateaubourg)
Clifford Chance (Brussels)
Belgium 8 contributions 191 visits
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4 contributions 97 visits
On 16 December 2003, the European Commission (the "Commission") requalified a disposition of the French tax code as an unlawful aid. This disposition, article 44 septies, allowed legal entities incorporated to acquire failing companies active in the industrial sector to be partially exempted (...)

The French Administrative Court of Appeal for Versailles annuls a recollection title but confirms that the principle of effectiveness prevails over damage claims by a beneficiary of State aid (Groupe Pierre Henry)
Clifford Chance (Brussels)
Belgium 8 contributions 191 visits
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4 contributions 97 visits
On 16 December 2003, the European Commission (the "Commission") requalified a disposition of the French tax code as an unlawful aid. This disposition, article 44 septies, allowed legal entities incorporated to acquire failing companies active in the industrial sector to be partially exempted (...)

Procedures

 The UK Court of Appeal rules on the carriage of competition disputes at the CAT, affirming the CAT’s specialist role in competition class actions (Evans / O’Higgins)
Harcus Parker (London)
United Kingdom 1 contribution 493 visits
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Harcus Parker (London)
United Kingdom 5 contributions 2234 visits
Introduction The UK Court of Appeal recently ruled on a carriage dispute in competition collective proceedings at the Competition Appeal Tribunal (CAT or Tribunal). The CAT had ruled on 31 March 2022 in Evans v Barclays PLC & Ors / O’Higgins which, amongst other issues on appeal, raised (...)

The UK Court of Appeal overturns the Competition Appeal Tribunal’s judgment and holds that collective action against six banking groups over alleged foreign exchange manipulation can proceed as ‘opt-out’ collective proceedings (Evans / O’Higgins)
Hausfeld (London)
United States 11 contributions 5050 visits
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Hausfeld (London)
United Kingdom 1 contribution 322 visits
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Hausfeld (London)
United Kingdom 1 contribution 322 visits
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London, 25 July 2023 – The Court of Appeal ruled today that FX Claim UK, the collective action brought by Phillip Evans against six banking groups over alleged foreign exchange manipulation, can proceed as ‘opt out’ collective proceedings. This ruling overturns the Competition Appeal (...)

The Spanish Competition Authority publishes guidelines to facilitate quantification of damages in private actions for competition law infringements
Spanish Competition Authority (CNMC) (Madrid)
Espagne 138 contributions 30022 visites
The CNMC publishes guidelines to facilitate quantification of damages in private actions for competition law infringements.* Parties affected by these conducts can claim compensation from the infringers before the courts. The guidelines facilitate the determination of the amount of damages, (...)

The Austrian Supreme Cartel Court confirms that third parties not involved in cartel proceedings may only be granted access to the Cartel Court files if all the parties concerned agree
Austrian Competition Authority (Vienna)
Austria 63 contributions 7155 visits
Supreme Cartel Court confirms its ruling on third-party access to files in cartel proceedings* The Federal Cartel Act (KartG) stipulates under “Protection of business secrets and access to files” that third parties not involved in cartel proceedings may only be granted access to Cartel Court (...)

The Dutch Supreme Court announces its intention to refer preliminary questions to the EU Court of Justice on whether a follow-on damages claimant can use a parent company that is not addressed in the Competition Authority’s fining decision as an anchor defendant for jurisdiction under the Brussels Ibis Regulation (Macedonian Thrace Brewery / Heineken)
Lindenbaum (Amsterdam)
1 contribution 82 visits
MTB/Heineken and the Liability of the Undertaking: Another Round* Introduction The MTB/Heineken case concerns the question of whether a claimant in EU antitrust follow-on damages proceedings can use a parent company that is not addressed in an authority’s fining decision as an anchor (...)

The EU Court of Justice clarifies the scope of the right to full compensation and the recourse to judicial estimation of damages under the Damages Directive (Tráficos Manuel Ferrer)
Roschier (Stockholm)
Sweden 4 contributions 405 visits
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Van Bael & Bellis (Brussels)
Belgium 34 contributions 7580 visits
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Van Bael & Bellis (Brussels)
Belgium 14 contributions 1140 visits
On 16 February 2023, the Court of Justice of the European Union (“ECJ”) handed down a preliminary ruling in Case C-312/21 (Tráficos Manuel Ferrer) which clarified the circumstances under which the exercise of the right to full compensation is rendered ‘practically impossible or excessively (...)

The EU Court of Justice rules that in partly upheld competition law damage claims a national rule can require the costs to be borne by all parties (Tráficos Manuel Ferrer)
European Court of Justice (Luxembourg)
Luxembourg 329 contributions 102218 visites
Actions for damages in respect of infringements of competition law: the relevant EU law does not preclude a national rule according to which, in the event that the claim is upheld in part, costs are to be borne by each party, who therefore bears half of the common costs* The information (...)

The EU Court of Justice provides some clarity on the compatibility of national cost rules and judicial damages estimation with EU primary law (Tráficos Manuel Ferrer)
University of Vienna
Austria 5 contributions 957 visits
The judgment of the European Court of Justice (CJEU) in Tráficos Manuel Ferrer (C-312/21) provides some clarity on the compatibility of national cost rules and judicial damages estimation with EU primary law – the effective enforcement of EU competition law – and the rules of the Damages (...)

The EU Court of Justice rules on the compatibility of national cost rules and judicial damages estimation in cartel damages claims (Tráficos Manuel Ferrer)
Hausfeld (Berlin)
Germany 7 contributions 1073 visits
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Hausfeld (Berlin)
Germany 2 contributions 474 visits
This time, the preliminary ruling concerns the bearing of costs by the claimant in the event of partial dismissal of its claim and the prerequisites under which the national court is entitled to estimate the damage. The Advocate General’s opinion had raised high expectations for the ECJ’s (...)

The EU Court of Justice finds that a national court may order the disclosure of evidence during the course of damages proceedings, even if the proceedings have been stayed owing to the Commission’s initiation of an investigation concerning the same infringement (RegioJet)
European Court of Justice (Luxembourg)
Luxembourg 329 contributions 102218 visites
A national court may order the disclosure of evidence for the purpose of proceedings for damages connected with an alleged infringement of competition law, even if the proceedings have been stayed owing to the Commission’s initiation of an investigation concerning the same infringement* That (...)

The EU Court of Justice rules that national courts may order the disclosure of evidence in damages proceedings stayed pending a Commission investigation (RegioJet)
Van Bael & Bellis (Brussels)
Belgium 15 contributions 2968 visits
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KU Leuven (Brussels)
1 contribution 313 visits
On 12 January 2023, the European Court of Justice of the European Union (“ECJ”) delivered a judgment in Case C-57/21, RegioJet, in which it clarified the provisions governing the disclosure of evidence contained in Directive 2014/104/EU of 26 November 2014 on certain rules governing actions (...)

The US Supreme Court denies a certiorari petition seeking to resolve a split by the Court of Appeals for the Ninth Circuit relevant to the litigation of class action matters (Olean Wholesale Grocery / Bumble Bee Foods)
Morgan Lewis (Los Angeles)
United States 1 contribution 143 visits
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Morgan Lewis (Houston)
United States 1 contribution 143 visits
The US Supreme Court denied a certiorari petition seeking to resolve circuit court splits relevant to the litigation of class action matters, including if and when class certification is appropriate where a significant portion of the class may be uninjured and on the use of representative (...)

The EU Court of Justice rules that ‘relevant evidence’ under the Damages Directive is not limited to pre-existing documents (PACCAR / DAF Trucks / AD and others)
Van Bael & Bellis (Brussels)
Belgium 34 contributions 7580 visits
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Van Bael & Bellis (Brussels)
Belgium 14 contributions 1140 visits
On 10 November 2022, the European Court of Justice (“ECJ”) clarified the meaning of ‘relevant evidence’ within the meaning of Directive 2014/104/EU of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions (...)

The EU Court of Justice rules on the extent of evidence disclosure in competition litigation (PACCAR / DAF Trucks / AD and others)
Portolano Cavallo (Milan)
Italy 63 contributions 9789 visits
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Portolano Cavallo (Milan)
Italy 1 contribution 88 visits
On November 10, 2022, the Court of Justice of the European Union (the “CJEU”) handed down its preliminary ruling on Art. 5(1) of Directive 2014/104/EU (the “EU Damages Directive”), concerning the disclosure of evidence in antitrust litigation (the “Preliminary Ruling”). In a nutshell, the (...)

The EU Commission updates its Guidance on the practice and policy of obtaining leniency in cartel cases
Herbert Smith Freehills (Brussels)
Belgique 44 contributions 17596 visites
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Herbert Smith Freehills (Brussels)
Belgique 116 contributions 71612 visites
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Herbert Smith Freehills (Brussels)
Belgium 3 contributions 743 visits
Seeking to clarify its policy and encourage leniency applicants to come forward, the European Commission ("Commission") has published new guidance on its approach to leniency and its Leniency Notice. The new guidance comes in the form of Frequently Asked Questions ("FAQs"). The FAQs provide (...)

The German Federal Court of Justice holds that arbitral awards that apply specific competition rules, including the abuse of dominance provision, are subject to a full review by the ordinary courts
Van Bael & Bellis (Brussels)
Belgium 24 contributions 4805 visits
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Van Bael & Bellis (London)
United Kingdom 1 contribution 94 visits
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Van Bael & Bellis (Brussels)
Belgium 59 contributions 13931 visits
In its landmark judgment of 27 September 2022 (KZB 75/21), the Bundesgerichtshof, the German Federal Court of Justice (“FCJ”), held that arbitral awards involving Sections 19 to 21 of the German Act against Restraints of Competition (“ARC”) related to the abuse of dominance, abuse of relative (...)

The US Court of Appeals for the Eleventh Circuit blocks the payment of incentives to class representatives and denies an en banc hearing on the grounds that it violates historical precedent, signalling a different approach to other Circuit Courts (Johnson / NPAS Solutions)
Hausfeld (New York)
United States 1 contribution 111 visits
Today, it is impossible to guess what law previously considered to be settled will be newly determined to violate historical precedent or the Constitution. In September 2020, the Eleventh Circuit decided in Johnson v. NPAS Solutions, LLC, that class representatives may no longer receive (...)

The German Federal Court of Justice opens the door to collective action claims in cartel cases (financialright)
Hausfeld (Berlin)
Germany 11 contributions 3058 visits
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Hausfeld (Berlin)
Germany 1 contribution 130 visits
With its recent decision in the financialright case the highest German civil court, the Federal Court of Justice (Bundesgerichtshof, “BGH”), clarified that the bundling of claims through an assignment to a legal service provider, the so-called assignment model, is allowed under German law. The (...)

The German Federal Court of Justice rules that enforcement by debt collectors of damages claims bundled through mass assignment is compliant with German law (Financialright)
Van Bael & Bellis (Brussels)
Belgique 30 contributions 3974 visites
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Van Bael & Bellis (Brussels)
Belgium 24 contributions 4805 visits
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Van Bael & Bellis (Brussels)
Belgium 11 contributions 5849 visits
On 13 June 2022, the German Federal Court of Justice (“FCJ”) ruled that the mass assignment of individual damages claims to a debt collector, who then brings a consolidated claim supported by a qualified lawyer, does not violate the German Legal Services Act (“LSA”). This judgment gives a (...)

The Austrian Cartel Court clarifies how the EU Court of Justice case law is still relevant after the EU Damages Directive in relation to access to cartel filings for the purposes of preparing damage claims (OeBB)
Reidlinger Schatzmann Rechtsanwälte (Vienna)
Austria 21 contributions 82621 visits
Austria’s restrictive rules on access to the court file of the Austrian Cartel Court in cartel cases were under scrutiny in the ECJ’s Donau Chemie judgment in 2013. The Cartel Court is the competition authority that adopts substantive decisions in competition law matters (including the (...)

The UK Competition Appeal Tribunal in its recent FX judgment demonstrates willingness to strike out poorly pleaded claims and deny opt-out certification (Evans / O’Higgins)
Skadden, Arps, Slate, Meagher & Flom (London)
United Kingdom 1 contribution 87 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgique 60 contributions 26041 visites
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Skadden, Arps, Slate, Meagher & Flom (London)
United Kingdom 8 contributions 3602 visits
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Takeaways The CAT is willing to consider strike-out seriously at the certification stage. The CAT considered striking out the claims of its own motion, and warned the proposed class representatives that they should consider ‘significant amendment and revision’ of their claims to avoid (...)

The EU General Court dismisses a €1.7B damages claim for a failed merger blocked by the Commission and later cleared by the Court of Justice (UPS / TNT)
Willkie Farr & Gallagher (Paris)
France 15 contributions 24154 visits
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Willkie Farr & Gallagher (London)
United Kingdom 1 contribution 172 visits
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Willkie Farr & Gallagher (Brussels)
Belgium 4 contributions 2607 visits
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The General Court of the European Union Dismisses a EUR 1.7 Billion Damages Claim Against the European Commission For a Failed Merger* On 23 February 2022, the General Court of the European Union (the "General Court") issued a landmark judgment dismissing a request to hold the European (...)

The Regional Court of Stuttgart finds bundled cartel damages claims through a legal services provider to be inadmissible (German State of Baden-Württemberg)
Hogan Lovells (Munich)
Germany 39 contributions 4310 visits
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Hogan Lovells (Munich)
Germany 3 contributions 1314 visits
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Hogan Lovells (Munich)
Germany 1 contribution 551 visits
1. Background In Germany, the discussion about the admissibility of enforcing bundled and assigned cartel damages claims via a legal services provider enters the next round. As Germany does not offer claimants a true US- or UK-style class action regime claimants will seek alternative ways (...)

The EU General Court awards a telecommunications company €1.8 million in damages, finding that the Commission had wrongly refused to pay default interest on the portion of a fine that the company had initially paid for an infringement of competition rules (Deutsche Telekom)
Van Bael & Bellis (Brussels)
Belgium 34 contributions 7580 visits
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Van Bael & Bellis (Brussels)
Belgium 59 contributions 13931 visits
In a judgment of 19 January 2022, the General Court of the European Union (“Court”) awarded Deutsche Telekom AG (“DT”) € 1.8 million in damages, finding that the European Commission (“Commission”) had wrongly refused to pay default interest on the portion of a fine that DT had initially paid (...)

The US State of Delaware Chancery Court authorizes class-action claims of breach of fiduciary duty to proceed against a SPAC’s controlling shareholder and directors (Churchill Capital Corp. III / MultiPlan)
Cleary Gottlieb Steen & Hamilton (New York)
United States 1 contribution 700 visits
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Cleary Gottlieb Steen & Hamilton (New York)
United States 1 contribution 700 visits
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Cleary Gottlieb Steen & Hamilton (New York)
United States 1 contribution 700 visits
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In one of the first opinions addressing fiduciary duty claims in the context of a transaction involving a special purpose acquisition company (“SPAC”), the Delaware Court of Chancery determined that the SPAC shareholders’ right to redeem can be undermined by insufficient disclosures regarding (...)

The US DoJ files a civil antitrust lawsuit against a restaurant chain owner and investment fund operator for violating the pre-transaction notification and waiting-period requirements of the Hart-Scott-Rodino Act (Biglari)
US Department of Justice (Washington)
États-Unis 175 contributions 74079 visites
Biglari Holdings Inc. to Pay Civil Penalty for Repeat Violation of Antitrust Pre-Transaction Notification Requirements* The Justice Department’s Antitrust Division, at the request of the Federal Trade Commission (FTC), filed a civil antitrust lawsuit today in the U.S. District Court for the (...)

The EU Court of Justice rules that it may be possible for a French court to assess damages arising from a defamatory claim made by a Hungarian company against a Czech company if some of the alleged damage occurred within France (Gtflix Tv / DR)
Versailles Saint-Quentin-en-Yvelines University
France 1 contribution 269 visits
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Versailles Saint-Quentin-en-Yvelines University
France 1 contribution 269 visits
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Versailles Saint-Quentin-en-Yvelines University
France 1 contribution 269 visits
This decision deals with a dispute between Gtflix, an adult film broadcaster based in the Czech Republic, and its competitor, DR, an adult film broadcaster and producer based in Hungary. Gtflix is seeking the removal of derogatory statements made by DR on several websites and internet forums (...)

The Italian Administrative Court of First Instance annuls a resolution from the Competition Authority to grant the alleged victim of antitrust infringement access to the infringement investigation file (Italcementi)
Portolano Cavallo (Milan)
Italy 63 contributions 9789 visits
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Portolano Cavallo (Milan)
Italy 36 contributions 6794 visits
On December 21, 2021, the Italian administrative court of first instance (“TAR Lazio”), which has jurisdiction to review the decisions of the Italian Competition Authority (AGCM or “ICA”), annulled a resolution from the latter to grant the alleged victim of an antitrust infringement access to (...)

The English Court of Appeal clarifies the threshold for raising ‘off-setting’ defences in competition and other breach-of-duty claims (NTN / Stellantis)
Shearman & Sterling (London)
United Kingdom 6 contributions 1229 visits
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Shearman & Sterling (Brussels)
Belgium 21 contributions 10078 visits
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UK Competition & Markets Authority - CMA (London)
United Kingdom 8 contributions 3369 visits
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English Court of Appeal Clarifies Threshold for Raising ‘Off-Setting’ Defences in Competition and Other Breach of Duty Claims Introduction and Summary The recent decision of the English Court of Appeal in NTN Corporation v. Stellantis concerned an appeal against a successful application to (...)

The Latvian Competition Authority publishes guidance for the calculation and recovery of damages arising from violations of competition law
Latvian Competition Council (Riga)
Lettonie 122 contributions 23745 visites
The Competition Council has developed a methodological material for the calculation of damages and recovery of damages for violation of competition law* The Competition Council (the CC) has prepared methodological material for the calculation of losses and recovery of losses for violation (...)

The Paris Court of Appeal issues a ruling which affirms that clauses excluding the payment of follow-on damages must be drafted in clear and precise terms (IQVIA IMS Health / EURIS Health Digital Solution)
Simmons & Simmons (Paris)
France 27 contributions 58824 visits
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Simmons & Simmons (Paris)
France 1 contribution 66 visits
On 8 December 2021, the Paris Court of Appeal (’the Court’) issued an insightful judgment regarding the issue of follow-on actions damages. The sanction of an anti-competitive practice and the exclusionary clause In its decision dated 8 July 2014, the French Competition Authority (’the (...)

The UK Supreme Court dismisses a single claimant’s class action attempt against a Big Tech company for alleged contraventions of data protection law but lowers the bar for future representative actions (Google / Lloyd)
Covington & Burling (London)
United Kingdom 1 contribution 349 visits
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Covington & Burling (Brussels)
Belgium 1 contribution 349 visits
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Covington & Burling (London)
United Kingdom 6 contributions 1393 visits
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On 10 November 2021, the UK Supreme Court ruled in favour of Google in a landmark judgment against an attempt by a single claimant, Mr Richard Lloyd, to bring a representative action on behalf of a class of 4 million iPhone users relating to Google’s alleged contraventions of data protection (...)

The EU Court of Justice AG Rantos delivers an opinion on the temporal application of the Antitrust Damages Directive, confirming that the nature of the rules implementing the directive is determined by EU law and not national law (RM / Volvo / DAF Trucks)
CDC Cartel Damage Claims (Brussels)
Belgium 16 contributions 17292 visits
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European Commission - DG COMP (Brussels)
Belgium 5 contributions 2555 visits
AG Rantos delivers a halfway opinion on the temporal application of the EU Antitrust Damages Directive (C-267/20, AB Volvo, DAF TRUCKS NV / RM)* In his opinion of 28 October 2021 (‘Opinion’), Advocate General (‘AG’) Rantos confirmed that the nature of the rules implementing the EU Damages (...)

The UK Competition Appeal Tribunal approves a class representative for opt-out collective proceedings on behalf of train travellers in a landmark stand-alone claim for abuses of dominance by two rail franchises (Gutmann / South Western Trains)
Hausfeld (London)
United States 11 contributions 5050 visits
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Hausfeld (London)
United Kingdom 5 contributions 1438 visits
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Ashurst (London)
United Kingdom 8 contributions 3286 visits
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In great news for train travellers today, the Competition Appeal Tribunal (CAT) has approved our client, Mr Justin Gutmann, as class representative in his landmark standalone claim for abuses of dominance by the South Western and Southeastern rail franchises. The claims aim to put a stop to (...)

The UK Competition Appeal Tribunal approves second and third ever collective proceedings applications for two stand-alone claims of abuse of dominance (Gutmann / South Western Trains) (Le Patourel / BT)
Hausfeld (London)
United Kingdom 5 contributions 1438 visits
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Hausfeld (London)
United Kingdom 3 contributions 858 visits
The first Collective Proceedings Order (“CPO”) was made in the United Kingdom in opt-out collective competition proceedings in Merricks v Mastercard Inc. and Others] on 18 August 2021 (a practical inevitability after the Supreme Court’s judgment in that case). Hot on the heels of that (...)

The EU Court of Justice confirms that follow-on damages actions can be brought against subsidiaries of companies found to have infringed EU competition law (Sumal / Mercedes Benz Trucks España)
Norton Rose Fulbright (Brussels)
United Kingdom 26 contributions 22923 visits
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Covington & Burling (Brussels)
Belgium 2 contributions 573 visits
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Freshfields Bruckhaus Deringer (Brussels)
Belgium 2 contributions 599 visits
On 6 October 2021, a preliminary ruling of the Court of Justice of the European Union (“CJEU”) in Sumal confirmed that follow-on damages actions can be brought against subsidiaries of companies found to have infringed EU competition law. This note briefly analyzes the judgment and the (...)

The EU Court of Justice issues a preliminary ruling clarifying the single economic unit doctrine in private enforcement providing an analysis that has far-reaching consequences on future damages claims across the EEA (Sumal / Mercedes Benz Trucks España)
CEU San Pablo University (Madrid)
Spain 1 contribution 622 visits
Abstract: The determination of the liability of a subsidiary for the anticompetitive conduct of its parent company ignited, long time ago, a sharp debate between those advocating for the single economic unit doctrine and those supporting the corporate separability doctrine. This paper, after (...)

The EU Court of Justice holds that a victim of anticompetitive conduct is entitled to seek damages from the subsidiary of an infringing parent company (Sumal / Mercedes Benz Trucks España)
Herbert Smith Freehills (London)
United Kingdom 11 contributions 2865 visits
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Herbert Smith Freehills (London)
United Kingdom 44 contributions 8868 visits
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Herbert Smith Freehills (London)
United Kingdom 59 contributions 21008 visits
In its judgment of 6 October 2021, following a reference by the Provincial Court of Barcelona, the Court of Justice of the EU (CJEU) held that a victim of anti-competitive conduct is entitled to seek damages from the subsidiary (not referred to in the infringement decision) of an infringing (...)

The EU Court of Justice establishes in a long-awaited ruling conditions under which the victim of a competition law infringement may seek compensation from a subsidiary of the perpetrator (Sumal / Mercedes Benz Trucks España)
Herbert Smith Freehills (Brussels)
Belgium 2 contributions 686 visits
On 6 October 2021, the European Court of Justice (“ECJ”) sitting in Grand Chamber clarified the notion of “undertaking” for the purposes of EU competition law in a long-awaited ruling (Case C-882/19, Sumal). The judgment establishes the possibility for the victim of a competition law (...)

The EU Court of Justice broadens the scope of follow-on damage claims by permitting actions against the subsidiaries of companies which have been found to have infringed competition law (Sumal / Mercedes Benz Trucks España)
McDermott Will & Emery (Brussels)
Belgique 49 contributions 9409 visites
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Allen & Overy (Brussels)
Belgique 22 contributions 5159 visites
On 6 October 2021, the CJEU issued its judgment in Case C-882/19, Sumal, S.L. v Mercedes Benz Trucks España, S.L. (EU:C:1987:418), and confirmed that follow-on damages actions can be brought against subsidiaries of companies found to have infringed EU competition law. The victim of an (...)

The UK Competition Appeal Tribunal approves the first application for a collective proceedings order under the competition class action regime (Merricks / Mastercard)
Herbert Smith Freehills (London)
United Kingdom 44 contributions 8868 visits
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Herbert Smith Freehills (London)
United Kingdom 11 contributions 2865 visits
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Herbert Smith Freehills (London)
United Kingdom 59 contributions 21008 visits
On 18 August 2021 the Competition Appeal Tribunal (CAT) approved the first application for a collective proceedings order (CPO) under the UK’s competition class action regime introduced in 2015, in Walter Hugh Merricks CBE v Mastercard Incorporated and Others. The application was initially (...)

The UK Competition Appeal Tribunal certifies a well-publicized class action litigation against a financial services company (Merricks / Mastercard)
Shearman & Sterling (London)
United Kingdom 23 contributions 13994 visits
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Shearman & Sterling (London)
United Kingdom 30 contributions 14021 visits
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Shearman & Sterling (Brussels)
Belgium 21 contributions 10078 visits
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The U.K. Competition Appeal Tribunal (CAT) last week certified the well-publicized Mastercard class action litigation. In our previous article (See Chris Collins, Elvira Aliende Rodriguez, Jonathan Swil, Ozlem Fidanboylu, The UK Supreme Court gives guidance on collective proceedings in (...)

The EU Court of Justice hands down a judgment following a request for a preliminary ruling on the interpretation of Article 7(2) of 1215/2012 on the jurisdiction, recognition, and enforcement of judgments in civil and commercial matters (RH / Volvo)
Van Bael & Bellis (Brussels)
Belgium 11 contributions 5849 visits
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Van Bael & Bellis (Brussels)
Belgium 34 contributions 7580 visits
On 15 July 2021, the Court of Justice of the European Union (“ECJ”) handed down a judgment following a request for a preliminary ruling on the interpretation of Article 7(2) of 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (...)

The German Federal Court of Justice decides that the bundling of claims was admissible through a legal service provider causing the judgment to receive a lot of attention from the competition litigation community (Air Berlin)
Hogan Lovells (Munich)
Germany 3 contributions 1314 visits
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Hogan Lovells (Munich)
Germany 39 contributions 4310 visits
Germany up to this point does not offer claimants a true US- or UK-style class action regime – a situation that is felt especially in the context of seeking compensation for cartel damages. Claimants have therefore found other ways to join forces and bundle their claims. The most notable (...)

The Milan Court of Appeal rules on the probatory value of the Competition Authority’s findings in follow-on actions for damages (Vodafone)
Van Bael & Bellis (Brussels)
Belgium 29 contributions 5183 visits
On 18 June 2021, the Court of Appeal of Milan issued a judgment in a damages action initiated against telecommunications provider Vodafone. This case stemmed from an investigation carried out by the Italian competition authority (“ICA”) into an abusive margin squeeze by Vodafone on the market (...)

The US Court of Appeals for the Ninth Circuit clarifies class certification standards in an antitrust appeal (Olean Wholesale Grocery / Bumble Bee Foods)
Jones Day (San Francisco)
United States 4 contributions 2579 visits
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Jones Day (San Francisco)
United States 1 contribution 698 visits
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Jones Day (Irvine)
United States 1 contribution 698 visits
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The Ninth Circuit approved use of statistical analysis that relies on averaging but reversed class certification because the district court failed to resolve whether more than a de minimis number of putative class members were injured. On April 6, 2021, in Olean Wholesale Grocery Coop. v. (...)

The UK Court of Appeal confirms that collective proceedings’ funding arrangements are not damages-based agreements (Trucks Cartel)
Ashurst (London)
United Kingdom 14 contributions 2452 visits
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Ashurst (London)
United Kingdom 7 contributions 1340 visits
On 5 March 2021, the Court of Appeal upheld a decision of the Competition Appeal Tribunal ("CAT") that the funding arrangements in place in two collective proceedings arising from the Trucks cartel are not damages-based agreements ("DBAs"). What you need to know - key takeaways The decision (...)

The 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 (Trucks Cartel)
Hausfeld (London)
United Kingdom 4 contributions 818 visits
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Hausfeld (London)
United Kingdom 11 contributions 1580 visits
Following a rolled-up hearing comprising a panel of three judges sitting as both the Court of Appeal and the Divisional Court, a judgment earlier this month has provided helpful clarity on two important aspects relating to the collective proceedings regime: (i) the extent to which litigation (...)

The Amsterdam Court of Appeal rules that Dutch courts have jurisdiction over damages claim resulting from an abuse of dominance on the Greek beer market (Macedonian Thrace Brewery / Athenian Breweries / Heineken)
European Court of Justice (Luxembourg)
Luxembourg 9 contributions 1942 visits
On 16 February 2021, the Amsterdam Court of Appeal overturned the Amsterdam District Court’s ruling declining jurisdiction over the damages claim brought by MacedonianThrace Brewery (“MTB”) against Heineken’s subsidiary Athenian Breweries (“AB”). In 2014, the Hellenic Competition Commission (...)

The Amsterdam Court of Appeal accepts jurisdiction regarding a damages claim in a case of abuse of dominance in the Greek beer market (Macedonian Thrace Brewery / Athenian Breweries / Heineken)
KPN (Amsterdam)
Netherlands 33 contributions 7183 visits
On 16 February 2021, the Amsterdam Court of Appeal (Court of Appeal) reversed a judgment of the Amsterdam District Court (District Court) in which the District Court declined jurisdiction in the damage claims brought by the Macedonian Thrace Brewery S.A. (MTB) against Athenian Brewery S.A. (...)

The German Federal Court of Justice rules in a private damages claim concerning the German track cartel that lump-sum cartel damages clauses of 5% and up to 15% are permissible
Ashurst (Frankfurt)
Germany 15 contributions 4170 visits
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Ashurst (Munich)
Germany 9 contributions 1744 visits
In a decision of 10 February 2021, published at the end of April 2021, the German Federal Court of Justice ("FCJ") ruled in a private damages claim action concerning the German track cartel that lump-sum cartel damages clauses of 5% (as in the case at hand) and, more generally, of up to 15% (...)

The Czech Supreme Court lodges a request for a preliminary ruling regarding evidence disclosure under the EU Damages Directive (RegioJet / České dráhy)
Bird & Bird (Prague)
Czech Republic 25 contributions 4314 visits
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Dentons (Prague)
Czech Republic 14 contributions 3241 visits
The Czech Supreme Court lodged a request for a preliminary ruling (Case C-57/21) on 1 February 2021 regarding evidence disclosure under the EU Damages Directive 2014/104/EU. In the proceedings before Czech courts, a privately-owned transportation company RegioJet a.s. sued the state-owned (...)

The UK Supreme Court receives actions from consumers and small businesses to seek redress for price-fixing and abuses of dominant power in the financial services sector (Merricks / Mastercard)
Hausfeld (London)
United States 11 contributions 5050 visits
In 2015, the legislation introducing a UK collective litigation procedure for competition claims came into force – enabling consumers and small businesses to seek redress for the anti-competitive behaviours of price fixing and abuses of dominant power. Five years later, and such a collective (...)

The UK Supreme Court gives guidance on collective proceedings in competition appeal tribunal in the financial services sector (Merricks / Mastercard)
Shearman & Sterling (London)
United Kingdom 3 contributions 451 visits
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Shearman & Sterling (Brussels)
Belgium 21 contributions 10078 visits
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Shearman & Sterling (London)
United Kingdom 6 contributions 1229 visits
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The Supreme Court has handed down its judgment in the case which concerned the test for the certification of collective proceedings within the context of a follow-on damages claim in the Competition Appeal Tribunal (CAT). The Supreme Court has dismissed Mastercard’s appeal; the case will now (...)

The UK Supreme Court hands down a significant judgment relating to the certification of a £14bn opt-out competition collective action brought against a credit card company (Merricks / Mastercard)
Herbert Smith Freehills (London)
United Kingdom 1 contribution 178 visits
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Herbert Smith Freehills (London)
United Kingdom 44 contributions 8868 visits
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Herbert Smith Freehills (London)
United Kingdom 11 contributions 2865 visits
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On 11 December 2020 the Supreme Court handed down a very significant judgment relating to the certification of a £14bn opt-out competition collective action brought by Walter Merricks against Mastercard, in respect of losses alleged to have resulted from the use of anti-competitive (...)

The UK Supreme Court remands a £14 billion class-action lawsuit against a credit card company back to the Competition Appeal Tribunal (Merricks / Mastercard)
Government Legal Department (London)
United Kingdom 18 contributions 2454 visits
On 11 December 2020, the UK’s Supreme Court sent a planned £ 14 billion class action lawsuit against Mastercard back to the Competition Appeal Tribunal (“CAT”) for review. This is the first collective proceedings case of this kind to reach the Supreme Court and it addresses important questions (...)

The UK Supreme Court dismisses the appeal of a financial services company, by upholding the decision of the Court of Appeal which in turn has a significant impact on future national collective proceedings (Merricks / Mastercard)
White & Case (London)
United Kingdom 27 contributions 13362 visits
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White & Case (London)
United Kingdom 12 contributions 2811 visits
In a landmark judgment (and in unusual circumstances), the UK Supreme Court has held that the ongoing Merricks v Mastercard case should be referred back to the Competition Appeal Tribunal (CAT). Not only is this a step towards Merricks’ claim that interchange fees were "an invisible tax on UK (...)

The UK Supreme Court dismisses a credit card company’s appeal against the Court of Appeal’s granting of a collective proceedings order (Merricks / Mastercard)
Herbert Smith Freehills (London)
United Kingdom 44 contributions 8868 visits
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Herbert Smith Freehills (London)
United Kingdom 11 contributions 2865 visits
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Herbert Smith Freehills (London)
United Kingdom 2 contributions 547 visits
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Earlier today the Supreme Court handed down its hotly-anticipated judgment regarding the certification of an opt-out competition collective action brought by Walter Merricks against Mastercard. The claim is seeking £14bn in damages on behalf of some 46.2 million UK consumers, in respect of (...)

The UK Supreme Court hands down a judgment regarding a class action for follow-on damages (Merricks / Mastercard)
Bird & Bird (London)
United Kingdom 19 contributions 3426 visits
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Bird & Bird (London)
United Kingdom 6 contributions 3025 visits
Introduction On the 11th December 2020, the UK Supreme Court (“SC”) handed down its judgment in the case between Walter Hugh Merricks, CBE (“Merricks”) and Mastercard Incorporated (“Mastercard”). The judgment concerns Merricks’ Collective Proceedings Order (“CPO”) application to pursue a (...)

The UK Supreme Court dismisses the appeal of a financial services company in a class action related to an alleged overcharging of interbank fees (Merricks / Mastercard)
Covington & Burling (London)
United Kingdom 6 contributions 1393 visits
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Covington & Burling (London)
United Kingdom 4 contributions 469 visits
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Covington & Burling (Brussels)
Belgium 49 contributions 17598 visits
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The UK Supreme Court has today ruled in favour of Walter Merricks, the former head of the UK Financial Ombudsman Service., in a hotly-anticipated judgment in the first opt-out competition class action brought in the UK. Background Mr Merricks is the proposed class representative for 46.2 (...)

The UK Supreme Court lowers the bar for certification of class actions when giving its judgment against a financial services company (Merricks / Mastercard)
Hogan Lovells (London)
United Kingdom 1 contribution 142 visits
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Hogan Lovells (London)
United Kingdom 1 contribution 142 visits
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Addleshaw Goddard (London)
United Kingdom 1 contribution 142 visits
In a key decision, the UK Supreme Court has given guidance on the threshold for certifying a class action for breach of competition law. The Court’s judgment in Mastercard v Merricks will make it easier to obtain class certification and will likely encourage a significant increase in class (...)

The UK Supreme Court hands down a landmark judgment, finding that the Competition Appeal Tribunal incorrectly rejected an application for certification to bring collective proceedings (Merricks / Mastercard)
Bird & Bird (London)
United Kingdom 1 contribution 138 visits
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Bird & Bird (London)
United Kingdom 1 contribution 138 visits
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Bird & Bird (London)
United Kingdom 28 contributions 3392 visits
The UK Supreme Court has handed down a landmark judgment, finding that the Competition Appeal Tribunal (CAT) incorrectly rejected an application for certification to bring collective proceedings. This decision sets out important clarifications on the framework to be applied by the CAT when (...)

The UK Supreme Court rules that a prominent collective proceedings case should be referred back to the Competition Appeal Tribunal (Merricks / Mastercard)
White & Case (London)
United Kingdom 27 contributions 13362 visits
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White & Case (London)
United Kingdom 12 contributions 2811 visits
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White & Case (London)
United Kingdom 1 contribution 43 visits
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In a landmark judgment (and in unusual circumstances), the UK Supreme Court has held that the ongoing Merricks v Mastercard case should be referred back to the (...)