Work Area: Private Antitrust Litigation

CAT promises decision on pass-on mitigation defence in Trucks claim

Truckmaker DAF has asked the UK’s specialist competition tribunal for permission to amend its pass-on defence to account for a judgment by the Supreme Court that said companies may respond to cartelised pricing by negotiating with other suppliers to reduce their costs.

02 March 2021

DAF clashes with claimants over expert evidence

The UK's Competition Appeal Tribunal has thrown out a request by truck maker DAF seeking permission to rely on new additional economic analysis to establish whether Royal Mail and BT passed on the alleged loss they claim they suffered from the Trucks cartel.

01 March 2021

Estimated £480 million class action claim filed against Qualcomm

UK-based consumer rights group Which? has filed a stand-alone opt-out class action claim against Qualcomm on behalf of an estimated 29 million consumers, who it says overpaid for mobile phones because of the chipmaker’s alleged abuse of dominance.

25 February 2021

Banks can argue pass on in forex claims, UK court rules

A UK court has confirmed that seven banks accused of colluding to manipulate the market for foreign exchange transactions can argue in their defence that claimant investment funds were able to pass on their losses to their investors.

25 February 2021

Chief judge casts doubt over jurisdiction in SmileDirectClub case

The chief judge of the US Court of Appeals for the Eleventh Circuit has expressed doubt that the court can review an appeal by members of the Georgia Board of Dentistry against a decision rejecting their state-action immunity claims.

24 February 2021

Judge rejects request for full exclusion of certain evidence in rail freight case

A 40-year-old law designed to foster competition in the rail industry does not broadly protect certain discussions from antitrust scrutiny, a federal court in Washington, DC, has ruled.

23 February 2021

UK tribunal rejects Epic’s claim against Apple

Epic Games cannot sue Apple in the UK for removing its Fortnite game from the App Store, although it can bring a claim against Google for similar behaviour, the Competition Appeal Tribunal has ruled.

22 February 2021

Developer claims Apple monopolised process for signing into apps

Apple has illegally tied its dominance over mobile software to thwart competition for a service that allows users to sign in to multiple accounts with a single username and password, the app developer Blix has said.

22 February 2021

Fourth Circuit upholds first-ever divestiture involving private plaintiff

The 2012 merger between Jeld-Wen and Craftmaster created a duopoly and is the “poster child” of a case where a divestiture is appropriate, the US Court of Appeals for the Fourth Circuit has held.

18 February 2021

UK forex claimants passed on loss through tax savings, banks argue

Banks accused of rigging foreign exchange rates should be able to argue that claimant investment and pension funds passed on their alleged loss because they may have paid less tax, counsel to the banks has said.

17 February 2021

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