Work Area: Private Antitrust Litigation

Top German court provides welcome advice on cartel damages claims

Germany’s Federal Court of Justice has clarified how courts must assess cartel damages cases in two rulings that one lawyer has called a “clear, comprehensive and balanced framework” for the country’s follow-on litigation regime.

01 June 2020

DOJ urges flexibility for private plaintiffs looking to unwind mergers

The Department of Justice’s antitrust division has asked the US Court of Appeals for the Fourth Circuit not to adopt a bright-line rule that would block private parties from seeking to unwind a consummated merger.

01 June 2020

Austria’s top court throws out abuse claim against public broadcaster

Austria’s Supreme Court of Justice has dismissed a standalone claim by pay-TV provider M7 accusing the national public broadcaster of charging excessive fees to decrypt its television broadcasts.

29 May 2020

Dutch court dismisses private abuse of dominance appeal

A Dutch court has rejected an abuse of dominance complaint against an online real estate portal, in a decision that one lawyer said will set an almost insurmountable bar for the standard of proof in standalone damages claims.

27 May 2020

Merricks warns Supreme Court: defeat signals end of UK class action regime

Overburdensome requirements on class representatives to show evidence of pass-on at the certification stage would “knock out” the type of mass consumer claim that Walter Merricks is trying to bring, his counsel has argued.

14 May 2020

Mastercard and Merricks clash at UK Supreme Court

Class action applicants must show at the certification stage that enough data is available to prove any alleged overcharge was passed on to consumers, Mastercard has told the UK Supreme Court.

13 May 2020

Speedy disclosure “unrealistic” amid covid-19, UK judge says

The UK judge presiding over Daimler’s follow-on claim against EU roll-on roll-off cartelists has distilled the difficulties of running competition law cases during the covid-19 pandemic as he ruled on a disclosure dispute.

05 May 2020

CAT finds no jurisdiction over public arts funder

The UK’s Competition Appeal Tribunal has halted an abuse of dominance claim against Scotland’s public arts funder because the body does not qualify as an “undertaking”.

20 April 2020

UK tribunal suggests expediting and referring trucks appeal

The UK’s Competition Appeal Tribunal has allowed defendant truck manufacturers to appeal against its ruling on the binding nature of the European Commission’s trucks cartel decision.

27 March 2020

Trucks cartelists are bound by some EU factual findings, UK court rules

Truck cartelists subject to follow-on proceedings in the UK will be abusing the judicial process if they contest certain facts contained in the European Commission’s settlement decision, the UK’s Competition Appeal Tribunal has ruled.

04 March 2020

Get unlimited access to all Global Competition Review content