Damages Actions

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.

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.