Work Area: Private Antitrust Litigation

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

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

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