Damages Actions

Roth: drawing the line on disclosure is a challenge

27 April 2017

The president of the UK’s Competition Appeal Tribunal today said judges’ disclosure orders cannot satisfy economic experts’ “hunger” for all the data they might want in antitrust litigation.

Retailers drop UK MasterCard case

Retailers drop UK MasterCard case

20 April 2017

Six retailers have chosen not to appeal against a trial court ruling earlier this year that rejected their pursuit of damages from MasterCard over its multilateral interchange fees.

Law firm and funder seek interchange claimants

Law firm and funder seek interchange claimants

19 April 2017

Law firm Collyer Bristow and litigation funder Augusta have agreed to help retailers sue MasterCard and Visa over the credit card companies’ multilateral interchange fees, potentially adding more claims to a large number already brought in the UK.

Deutsche Bahn suffers setback in MasterCard interchange claim

Deutsche Bahn suffers setback in MasterCard interchange claim

12 April 2017

England’s Court of Appeal has ruled Deutsche Bahn cannot backdate a new claim against MasterCard for limitation purposes – which, depending on the outcome of a High Court hearing next month, may have allowed Deutsche Bahn to benefit from an earlier limitation period.

Qualcomm: Apple is no victim

Qualcomm: Apple is no victim

12 April 2017

Apple’s lawsuits against Qualcomm and misrepresentations to antitrust enforcers to spur investigations of the chipmaker are part of a global strategy to boost the iPhone maker’s bargaining power, Qualcomm said in court papers this week.

English judge tanks fish supply antitrust claim

English judge tanks fish supply antitrust claim

10 April 2017

A seafood distributor cannot continue a claim that a competitor froze it out of the market for selling seafood in the UK to trade buyers, a High Court judge ruled last week.

Judge sets FRAND rate for Unwired Planet without using antitrust

Judge sets FRAND rate for Unwired Planet without using antitrust

05 April 2017

An English judge today held that would-be licensors of standard-essential patents can directly enforce fair, reasonable and non-discriminatory royalty rates without having to resort to competition law – ruling that Unwired Planet did not abuse its dominance when it sought to injunct Huawei, even though its proposed rates were not FRAND.

CAT allows second chance at mobility scooters class certification

CAT allows second chance at mobility scooters class certification

31 March 2017

A UK court will allow Dorothy Gibson to replead her application for certification of an opt-out class pursuing a mobility scooter manufacturer – but has significantly narrowed the scope of her claim, and clarified a range of issues crucial to potential claimants.

Courts may dodge binding enforcement decisions

Courts may dodge binding enforcement decisions

29 March 2017

Two antitrust litigators said yesterday that EU member state judges could find ways to avoid provisions in the EU’s Damages Directive that are designed to make competition agencies’ decisions binding on courts.

Edeka and Tengelmann may seek damages from German authority

Edeka and Tengelmann may seek damages from German authority

23 March 2017

German food retailers Edeka and Kaiser’s Tengelmann are considering damages claims against the country’s competition authority for blocking their tie-up, says a source close to the matter.