Work Area: Private Antitrust Litigation

Forex defendants want “ludicrous” and “illogical” disclosure, UK claimants allege

The “piecemeal” disclosure process advocated by forex defendants in UK damages proceedings highlights the “ludicrousness” of the defendant banks’ attempts to delay the case, counsel to the claimants has argued.

25 February 2020

Trucks experts can discuss economic tests, CAT rules

The UK’s Competition Appeal Tribunal will allow expert economists advising on separate claims stemming from the EU trucks cartel to discuss their methodologies with one another.

06 February 2020

European Commission: national autonomy is “subordinate” to EU competition rules

The European Commission took the “exceptional step” of intervening in the UK interchange fee litigation because the case raises “important questions” about the “coherence” of national bodies applying EU competition law, the enforcer’s counsel has said.

23 January 2020

Visa and MasterCard claims are “fanciful”, retailers tell UK Supreme Court

Retailers have pushed back against Visa’s and MasterCard’s claims that their interchange fees are exempt from competition law, arguing that any purported benefits must go to merchants – not cardholders – to outweigh the fees’ restriction of competition.

22 January 2020

MasterCard: let us “wield a broad axe” to defend conduct

Empirical data should not be required to prove a company’s conduct is exempt from competition law, counsel to MasterCard has argued to the UK Supreme Court.

21 January 2020

Spanish court approves truck claimant’s damages calculation

A Spanish court has ruled that the EU trucks cartelists’ conduct led to an overcharge of 16.35% of the purchase price for each vehicle affected by the 14-year price-fixing scheme.

03 January 2020

Ex-CMA official to represent UK forex claimants

A former economist at the UK’s competition enforcer has filed the second collective proceeding at the UK’s Competition Appeal Tribunal to claim damages against banks for their roles in the EU foreign exchange cartel.

13 December 2019

ECJ: subsidy providers can claim damages from cartel

Competition law would be “seriously undermined” if the right to claim cartel damages were limited to suppliers and customers of the cartelised market, the European Court of Justice has ruled.

12 December 2019

Truck cartelists battle claimants over “essential” facts

Follow-on claimants have argued that almost all of the European Commission’s factual findings in its trucks decision are binding on national courts, while defendant truck makers have warned against “elevating” such facts to legal conclusions.

06 December 2019

Truck cartelists dispute binding nature of EU decisions

Truck manufacturers have failed to agree on the extent to which the European Commission’s trucks cartel decision is binding against them.

05 December 2019

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