Damages Actions

Trucks experts can discuss economic tests, CAT rules

Trucks experts can discuss economic tests, CAT rules

06 February 2020

The UK’s Competition Appeal Tribunal will allow expert economists advising on separate claims stemming from the EU trucks cartel to discuss their methodologies with one another.

European Commission: national autonomy is “subordinate” to EU competition rules

European Commission: national autonomy is “subordinate” to EU competition rules

23 January 2020

The European Commission took the “exceptional step” of intervening in the UK interchange fee litigation because the case raises “important questions” about the “coherence” of national bodies applying EU competition law, the enforcer’s counsel has said.

Visa and MasterCard claims are “fanciful”, retailers tell UK Supreme Court

Visa and MasterCard claims are “fanciful”, retailers tell UK Supreme Court

22 January 2020

Retailers have pushed back against Visa’s and MasterCard’s claims that their interchange fees are exempt from competition law, arguing that any purported benefits must go to merchants – not cardholders – to outweigh the fees’ restriction of competition.

MasterCard: let us “wield a broad axe” to defend conduct

MasterCard: let us “wield a broad axe” to defend conduct

21 January 2020

Empirical data should not be required to prove a company’s conduct is exempt from competition law, counsel to MasterCard has argued to the UK Supreme Court.

Spanish court approves truck claimant’s damages calculation

Spanish court approves truck claimant’s damages calculation

03 January 2020

A Spanish court has ruled that the EU trucks cartelists’ conduct led to an overcharge of 16.35% of the purchase price for each vehicle affected by the 14-year price-fixing scheme.

Ex-CMA official to represent UK forex claimants

Ex-CMA official to represent UK forex claimants

13 December 2019

A former economist at the UK’s competition enforcer has filed the second collective proceeding at the UK’s Competition Appeal Tribunal to claim damages against banks for their roles in the EU foreign exchange cartel.

ECJ: subsidy providers can claim damages from cartel

ECJ: subsidy providers can claim damages from cartel

12 December 2019

Competition law would be “seriously undermined” if the right to claim cartel damages were limited to suppliers and customers of the cartelised market, the European Court of Justice has ruled.

Truck cartelists battle claimants over “essential” facts

Truck cartelists battle claimants over “essential” facts

06 December 2019

Follow-on claimants have argued that almost all of the European Commission’s factual findings in its trucks decision are binding on national courts, while defendant truck makers have warned against “elevating” such facts to legal conclusions.

UK court extends Network Rail's stay on injunction

UK court extends Network Rail's stay on injunction

05 December 2019

The owner and operator of rail infrastructure in the UK has been granted an extension to a stay on an order that would force it to open up its quality assurance scheme to other providers.

Truck cartelists dispute binding nature of EU decisions

Truck cartelists dispute binding nature of EU decisions

05 December 2019

Truck manufacturers have failed to agree on the extent to which the European Commission’s trucks cartel decision is binding against them.