An Austrian public authority that subsidised loans to victims of an elevator cartel has a sufficient causal link to be entitled to compensation from the cartelists, European Court of Justice advocate general Juliane Kokott has said.
The money that a cartelist saves from not competing should not be part of the calculation of damages to compensate a cartel victim, counsel to ABB has said.
A lower court judge made a “legal error” in undercompensating a victim of the power cables cartel, with an effect that “positively rewards” the anticompetitive conduct, counsel to BritNed has said.
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.
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.
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.
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
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.
David Higbee, John Cove, Jessica Delbaum, Djordje Petkoski, Ryan Shores, Todd Stenerson and Mark Weiss
Tito Andrade, Maria Eugênia Novis de Oliveira and Marcos Paulo Verissimo
Fernando Carreño and Paloma Alcantra
Jesús Eloy Espinoza Lozada
Jacques Derenne and Dimitris Vallindas
Adina Claici and Elisa Pau
Connect with world leading experts at GCR Live