Class actions

Lower courts have “moved away” from the criteria established by the UK Supreme Court in Merricks v Mastercard when certifying class action claims, counsel to the credit card company has said.

25 September 2023

Class representatives should not routinely get a second chance to amend their methodologies for calculating loss if their claims are not certified, a chair at the UK’s Competition Appeal Tribunal has said.

22 September 2023

Google has told an Australian court that defining a relevant market in defence of two lawsuits alleging it illegally monopolises application distribution and in-app payment systems is “a little difficult to do”.

19 September 2023

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While it is agreed that qualitative proof is vital to provide support for a price discrimination case, rigorous economic analysis is increasingly essential in Robinson-Patman cases.

18 September 2023

Apple has urged the UK’s Competition Appeal Tribunal to strike out consumer rights advocate Justin Gutmann’s proposed class action due to a “fatal mismatch” between his abuse claim and methodology for calculating loss.

12 September 2023

Justin Gutmann's proposed class action claim alleging that Apple abused its dominance by concealing battery issues from consumers constitutes a novel theory of harm, the claimant has said.

11 September 2023

Google has said it will “vigorously” dispute a “speculative and opportunistic” class action that claims it stifled competition in the search advertising market.

07 September 2023

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The Court of Appeal’s decision in a trucks cartel case highlights that the opt-in regime is alive and well, despite a parallel decision in Evans. However, the court’s solution, while pragmatic, does raise further questions – and further costs.

06 September 2023

Indivior has convinced a federal judge in Philadelphia to allow it to present evidence at trial that its drug Suboxone faces competition from other opioid addiction treatments.

31 August 2023

Canadian claimants bringing a class action lawsuit against Amazon worth nearly €8.1 billion for alleged price-fixing agreements with retailers will appeal against a court’s ruling to deny certification.

30 August 2023