Damages Actions

UK air cargo claims approach settlement

UK air cargo claims approach settlement

16 October 2018

Claimants in the UK air cargo damages litigation are close to settling with British Airways, as a Court of Appeal judge accused the parties of wasting time.

Claimants tell CAT that MasterCard follow-on suit is not time barred

Claimants tell CAT that MasterCard follow-on suit is not time barred

09 October 2018

In defending against an application from MasterCard to strike out parts of a follow-on damages claim, a group of retailers has argued before the UK’s Competition Appeal Tribunal that they could not have brought their claims any sooner based on the available facts.

Presumption of parental influence a concern, barrister says

Presumption of parental influence a concern, barrister says

04 October 2018

A ruling to allow two UK subsidiaries to be used as anchor defendants in follow-on litigation – on the presumption that they did not act independently of their parent companies – could increase the risk of irreconcilable judgments, a competition barrister has cautioned.

Mr Justice Marcus Smith calls for disclosure hearings for experts

Mr Justice Marcus Smith calls for disclosure hearings for experts

04 October 2018

Specific disclosure hearings requiring experts to explain their selection of evidence and methodological process should become a procedural part of competition claims, Mr Justice Marcus Smith has said.

UK barrister: claimants should be optimistic after iiyama judgment

UK barrister: claimants should be optimistic after iiyama judgment

04 October 2018

A competition barrister has said the Intel and iiyama judgments should leave claimants and lawyers “cautiously optimistic” on territorial limits in damages claims.

No-deal Brexit means EU decisions non-binding for damages claimants

No-deal Brexit means EU decisions non-binding for damages claimants

14 September 2018

The UK government has said claimants seeking private damages in national courts will no longer be able to rely on European Commission infringement decisions in the event of a “no deal” Brexit.

Road Haulage Association files rival trucks claim

Road Haulage Association files rival trucks claim

30 July 2018

The Road Haulage Association has applied to begin an opt-in class action claim before the UK’s Competition Appeal Tribunal against truck manufacturers, after a separate group of truck purchasers filed an opt-out claim before the same court.

English judge rules on truck cartel disclosure

English judge rules on truck cartel disclosure

17 July 2018

In the first UK ruling on the disclosure of competition authority evidence under the EU damages directive, a judge has ordered DAF and Iveco to turn over a redacted version of the European Commission’s confidential truck cartel settlement to claimants seeking follow-on damages.

ECJ rules on jurisdiction in airline predatory pricing dispute

ECJ rules on jurisdiction in airline predatory pricing dispute

11 July 2018

The European Court of Justice has ruled that anticompetitive harm can occur in both the place where an unlawful agreement is made and the place where it is applied, allowing a Lithuanian court to adjudicate an airline dispute that one lawyer described as a “war of forums”.

DG Comp issues draft guidelines on pass-on

DG Comp issues draft guidelines on pass-on

05 July 2018

The EU competition authority has published draft guidelines to help national courts calculate price increases that are passed on to direct and indirect purchasers as a result of anticompetitive conduct.