Topic: Follow-on claims

Dutch court to ask ECJ if parity clauses are ancillary restraints

A Dutch court overseeing Booking.com’s dispute with dozens of hotels said it plans to ask the European Court of Justice if wide and narrow parity clauses can be exempt from EU competition rules, as well as how to define the relevant market for online travel agencies.

30 November 2022

CAT orders first communications ban in ro-ro class action

The UK’s Competition Appeal Tribunal has banned direct communications between defendants and class members in a roll-on, roll-off collective claim upon finding it was “not proper conduct” for Baker Botts and Steptoe & Johnson to write letters urging businesses to withdraw from the lawsuit.

29 November 2022

UK appellate court affirms CAT’s decision to expand Merricks class action

A UK appellate court has upheld a ruling by the country’s specialist competition tribunal to allow Walter Merricks to seek damages from Mastercard on behalf of millions of people who died since he filed his opt-out damages claim against the credit card company in 2017.

29 November 2022

UK tribunal considers communications ban in ro-ro class action

The UK’s Competition Appeal Tribunal is deciding for the first time what kind of communications can be sent by defendants to members of a class action, after several shipping companies contacted purchasers of roll on, roll off services two weeks before an opt out deadline.

17 November 2022

Evidence disclosure is not limited to pre-existing documents, ECJ rules

The EU’s highest court has clarified that the disclosure of relevant evidence in antitrust damages claims applies to both existing and non-existing documents that a party may need to create from scratch.

10 November 2022

Mastercard claims CAT had “ulterior” motive for expanding Merricks class action

Mastercard has accused the UK’s Competition Appeal Tribunal of being influenced by public interest considerations in allowing Walter Merricks to amend his multi-billion pound class action claim against the credit card company to include millions of additional claimants.

03 November 2022

CAT rejects banks’ request for early ruling on limitation defences in UK forex claim

The UK’s Competition Appeal Tribunal has dismissed a request from several major banks accused of manipulating foreign exchange rates to hold a separate trial on their statute of limitation defences, finding that their arguments are not a “slam dunk” and would cause considerable delay to a parallel case.

12 October 2022

Class actions brought on behalf of businesses face “rocky road”, barrister warns

A significant difference in how the UK’s Competition Appeal Tribunal has treated class action claims brought on behalf of consumers and businesses means the latter likely face a “rocky road” in future, a leading competition barrister has said.

06 October 2022

Court of Appeal upholds summary judgment denial in UK interchange fee claims

A UK appellate court has rejected an appeal by over 680 merchants seeking summary judgment in their interchange fee claims against Visa and Mastercard, ruling that the country’s specialist competition tribunal did not contradict previous precedent when rejecting the application.

05 October 2022

Google faces follow-on actions for self-preferencing in online ad market

Publishers will file follow-on damages claims against Google in the UK and the Netherlands, seeking up to €25 billion in compensation after France’s Competition Authority sanctioned the technology company last year for favouring its own online advertising services over rivals.

13 September 2022

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