Work Area: Private Antitrust Litigation

European Commission sued for €263 million on UPS/TNT block

Irish airline ASL is pursuing a claim for more than €263 million against Europe’s competition watchdog, claiming its decision to block a merger between logistics firms UPS and TNT was “unlawful”.

08 November 2018

CPT damages case should not go to trial, English high court hears

Media-Saturn’s follow-on damages claim against subsidiaries of Toshiba and Panasonic for their alleged involvement in the colour picture tube cartel should be thrown out for lack of factual or legal basis, counsel to Toshiba has argued in the High Court for England and Wales.

06 November 2018

Supreme Court rejects air cargo class appeal in Canada

The Supreme Court of Canada has rejected a request from Air Canada and British Airways to appeal against a ruling that allowed a class action pursuing damages from the global air cargo cartelists to include foreign claimants.

26 October 2018

UK air cargo claims approach settlement

Claimants in the UK air cargo damages litigation are close to settling with British Airways, as a Court of Appeal judge accused the parties of wasting time.

16 October 2018

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.

04 October 2018

Mr Justice Marcus Smith calls for disclosure hearings for experts

Specific disclosure hearings requiring experts to explain their selection of evidence and methodological process should become a procedural part of competition claims, Mr Justice Marcus Smith has said.

04 October 2018

UK barrister: claimants should be optimistic after iiyama judgment

A competition barrister has said the Intel and iiyama judgments should leave claimants and lawyers “cautiously optimistic” on territorial limits in damages claims.

04 October 2018

No-deal Brexit means EU decisions non-binding for damages claimants

The UK government has said claimants seeking private damages in national courts will no longer be able to rely on European Commission infringement decisions in the event of a “no deal” Brexit.

14 September 2018

Road Haulage Association files rival trucks claim

The Road Haulage Association has applied to begin an opt-in class action claim before the UK’s Competition Appeal Tribunal against truck manufacturers, after a separate group of truck purchasers filed an opt-out claim before the same court.

30 July 2018

English judge rules on truck cartel disclosure

In the first UK ruling on the disclosure of competition authority evidence under the EU damages directive, a judge has ordered DAF and Iveco to turn over a redacted version of the European Commission’s confidential truck cartel settlement to claimants seeking follow-on damages.

17 July 2018

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