Damages Actions

Visa failed to show fees were procompetitive, English judge rules

23 February 2018

Despite finding last year that Visa’s UK multilateral interchange fee scheme was not anticompetitive, an English judge has ruled that if he had found otherwise, the fees would not have constituted procompetitive efficiencies – deepening a three-way split among different UK trial courts that have overseen retailers’ interchange fee lawsuits against card companies.

UK iiyama litigation should go to trial, appeal court rules

UK iiyama litigation should go to trial, appeal court rules

16 February 2018

The Court of Appeal of England and Wales has ruled that iiyama’s lawsuits against liquid crystal display and cathode ray tube cartelists should go to trial, after a lower court found at a preliminary stage that the claimant’s indirect purchases from the global cartels fell outside the scope of EU antitrust law.

Power cables litigation lacks factual underpinning, defendants claim

Power cables litigation lacks factual underpinning, defendants claim

07 February 2018

NKT and Prysmian have argued that an English follow-on lawsuit against them should be stopped, as claimant Vattenfall has failed to substantiate allegations that the defendants’ UK subsidiaries implemented the cartel in the country.

BritNed counsel slams ABB defence

07 February 2018

Counsel to BritNed has urged the High Court of England and Wales to reject “dirty” defendant ABB’s argument that a cartel did not cause the plaintiff’s subsea electricity joint venture to pay inflated prices for power cables.

Power cables litigation belongs in UK, says claimant

Power cables litigation belongs in UK, says claimant

06 February 2018

Energy company Vattenfall today rejected accusations of forum shopping in the English courts as it pursues UK subsidiaries of two companies that participated in the European power cables cartel.

UK power cables defendants fight jurisdiction

UK power cables defendants fight jurisdiction

05 February 2018

Two participants in the European power cables cartel have urged an English court to dismiss power company Vattenfall’s lawsuit against UK anchor defendant subsidiaries, with defence counsel accusing the plaintiffs of forum shopping.

Facebook/WhatsApp class action teed up in Israel

Facebook/WhatsApp class action teed up in Israel

29 January 2018

Lawyers in Israel have asked a domestic court to approve the filing of a three-billion-shekel (€714 million) class action against Facebook, accusing the social media company of abusing its dominant position by breaching privacy rules and commitments not to use data from WhatsApp.

US DOJ looks to recover damages for price-fixing

US DOJ looks to recover damages for price-fixing

22 January 2018

The head of the US Department of Justice's antitrust division has said that the agency is looking into the possibility of recovering damages for taxpayers in alleged price-fixing cases.

Choice of non-UK law bars iiyama LCD claim, says defence

Choice of non-UK law bars iiyama LCD claim, says defence

14 December 2017

Counsel to Samsung Electronics, which is defending against a damages claim for its role in the liquid crystal display cartel, has argued to an English appeals court that either Japanese or Taiwanese law should apply – which, unless the claimant pleads undue hardship, would end the lawsuit.

iiyama lawyer calls Intel “nail in the coffin” for defence

12 December 2017

Counsel to monitor maker iiyama, which is suing members of the liquid crystal display and cathode ray tube cartels over indirect purchases, told an appeal court today that limits to the territorial scope of EU investigations do not apply to private damages claims – and that even if they did, the recent Intel judgment cements the claimant’s ability to sue.