Work Area: Private Antitrust Litigation

Trucks cartel had no effect on price, Spanish court rules

A Spanish court has gone against thousands of decisions awarding damages to victims of the EU trucks cartel, holding that Daimler has proven that the collusion did not increase the price of trucks sold to end-consumers in Spain.

16 April 2021

Antitrust liability should extend “downwards”, advocate general says

Subsidiaries may be held liable for the anticompetitive conduct of their parent companies, an EU advocate general has said in an opinion considering whether Mercedes Benz Trucks España should pay damages for Daimler’s role in the EU trucks cartel.

15 April 2021

UK court allows DRAM cartel follow-on claim

A UK appellate court has ruled that a defunct computer retailer’s follow-on damages claims against DRAM cartel members Infineon and Micron are not time-barred because the company entered administration before the cartel’s existence became public.

15 April 2021

Australian court halts Epic’s case against Apple

An Australian court has agreed to temporarily halt Epic Games’ allegations that Apple illegally maintains its monopoly over the distribution of applications and in-app payments on its mobile platform while nearly identical claims play out in US court.

09 April 2021

Split Ninth Circuit reverses certification of tuna classes

The US Court of Appeals for the Ninth Circuit has vacated the certification of three classes of tuna purchasers alleging a price-fixing conspiracy after determining that a lower court failed to fully evaluate whether a large portion of class members ever suffered harm.

07 April 2021

CAT set to approve UK’s first-ever competition class action claim

The UK’s Competition Appeal Tribunal has all but confirmed it will certify the country’s first-ever competition class action claim, although Mastercard has asked the tribunal to limit the scope of damages being sought by proposed class representative Walter Merricks.

26 March 2021

Mastercard concedes ground in class action certification dispute

Mastercard has confirmed to the UK’s Competition Appeal Tribunal that it does not oppose the certification of Walter Merricks’ competition damages claim in its entirety.

25 March 2021

Apple pushes to pause Australian fight against Epic Games

Apple has urged an Australian court to stay Epic Games’ allegations that it illegally maintains its monopoly over the distribution of apps and in-app payment on its mobile platform while nearly identical claims play out in US court.

23 March 2021

Proposed UK collective action is ideal opt-out damages claim, plaintiff alleges

Refusing to certify a proposed standalone class action against two train operators would knock out an “entire genre” of cases from the UK’s collective proceedings regime “before it gets going”, counsel to the claimant has told the country’s specialist competition tribunal.

12 March 2021

Proposed collective action is not a competition case, defendant train operators say

The UK’s Competition Appeal Tribunal has questioned an expert economist on why a proposed collective action against two train operators could lead to £98 million in damages, as the defendants allege that the case is a consumer protection claim masquerading as antitrust.

11 March 2021

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