Damages Actions

The antitrust damages directive: four years on

The antitrust damages directive: four years on

26 November 2018

Today marks four years since the EU antitrust damages directive was signed into law. After years of discussion, the European Parliament and the Council of the European Union intended Directive 2014/104 to make it easier for businesses and consumers to claim compensation for overcharges caused by infringements of competition law.

Apple defence questioned by justices

Apple defence questioned by justices

26 November 2018

As counsel to Apple argued that US Supreme Court precedent protected the company from antitrust liability to application purchasers, two justices appointed by Republican presidents asked about app developers’ ability to sue Apple instead.

Truck cartel damages claims will share evidence

Truck cartel damages claims will share evidence

21 November 2018

The grouping of follow-on damages actions against members of the trucks cartel will mean that any evidence presented in one claim will be applicable as evidence for another, the UK Competition Appeal Tribunal has said.

UK CAT class certification decisions can be appealed, court rules

UK CAT class certification decisions can be appealed, court rules

14 November 2018

The UK’s Court of Appeal has jurisdiction to hear a claimant’s challenge against the Competition Appeal Tribunal’s decision to reject class certification for a £14 billion opt-out claim against MasterCard, the court has ruled.

Damages trial would reveal new information, High Court hears

08 November 2018

More information regarding the potential involvement of the European subsidiaries of Toshiba and Panasonic in the colour picture tube cartel will come to light should the case make it to court, counsel to a follow-on damages claimant has said before the High Court for England and Wales.

European Commission sued for €263 million on UPS/TNT block

European Commission sued for €263 million on UPS/TNT block

08 November 2018

Irish airline ASL is pursuing a claim for more than €263 million against Europe’s competition watchdog, claiming its decision to block a merger between logistics firms UPS and TNT was “unlawful”.

CPT damages case should not go to trial, English high court hears

06 November 2018

Media-Saturn’s follow-on damages claim against subsidiaries of Toshiba and Panasonic for their alleged involvement in the colour picture tube cartel should be thrown out for lack of factual or legal basis, counsel to Toshiba has argued in the High Court for England and Wales.

MasterCard class action revival may be up to UK appeals court

MasterCard class action revival may be up to UK appeals court

31 October 2018

A claimant has argued that a UK appeal court has jurisdiction to hear his appeal against the Competition Appeal Tribunal’s rejection of class certification for a £14 billion opt-out action against MasterCard.

Supreme Court rejects air cargo class appeal in Canada

Supreme Court rejects air cargo class appeal in Canada

26 October 2018

The Supreme Court of Canada has rejected a request from Air Canada and British Airways to appeal against a ruling that allowed a class action pursuing damages from the global air cargo cartelists to include foreign claimants.

Apple jurisdiction clause applies to abuse of dominance claim

Apple jurisdiction clause applies to abuse of dominance claim

26 October 2018

The European Court of Justice has ruled that a jurisdiction clause in a contract between Apple and one of its suppliers does apply to abuse of dominance claims, even though it did not explicitly cover actions seeking damages for competition law infringements.