Damages Actions

ECJ issues first ruling on trucks follow-on claims

An indirect purchaser of vehicles affected by the EU-wide trucks cartel can sue a cartelist for damages in any member state where the cartel distorted market prices and the purchaser claims to have suffered loss, the European Court of Justice has said.

AG Kokott clarifies scope of EU damages actions

Cartel savings are no basis to award damages, ABB argues

ABB ruling rewards cartel activity, BritNed argues

Judge throws out cigarillo verdict for fraud on court

A federal judge has thrown out a $44 million antitrust judgment against cigar maker Swisher after an indictment was unsealed in which an executive at the plaintiff company admitted it had fraudulently avoided excise taxes. 

Sweet success: The Tipline for 23 August 2019

Cigarillo brand Swisher, known for its Swisher Sweets, received bad news in February when the US Court of Appeals for the Ninth Circuit reinstated a $44 million judgment against it, but the company’s fortunes turned early this week. Judge James Selna ruled on Monday that plaintiff Trendsettah’s failure to disclose information about its tax evasion affected its damages analysis and constituted fraud on the court, so he tossed the verdict. We have details on that case, plus an update in class certification in pay-for-delay litigation regarding an ADHD medication, and a new antitrust consent decree drawing interest. Monday is the UK’s summer bank holiday, so we will be back in your inbox Tuesday morning.

The antitrust damages directive: four years on

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.

Presumption of parental influence a concern, barrister says

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. Tom Madge-Wyld at GCR Live Competition Litigation

Hausfeld gets a GRIP on Google lawsuits

Plaintiff’s side law firm Hausfeld has teamed up with a public affairs consultancy to set up the Google Redress & Integrity Platform (GRIP), which aims to attract potential clients seeking redress against the technology company over its allegedly anti-competitive practices.


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The Antitrust Review of the Americas 2019

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United States: Cartels

David Higbee, John Cove, Jessica Delbaum, Djordje Petkoski, Ryan Shores, Todd Stenerson and Mark Weiss

Shearman & Sterling LLP

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Tito Andrade, Maria Eugênia Novis de Oliveira and Marcos Paulo Verissimo

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Fernando Carreño and Paloma Alcantra

Von Wobeser y Sierra, SC

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Jesús Eloy Espinoza Lozada

Head of the Technical Secretariat of the Commission for the Defence of Free Competition
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Jacques Derenne and Dimitris Vallindas

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Adina Claici and Elisa Pau

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