Work Area: Private Antitrust Litigation

Split Ninth Circuit reverses certification of tuna classes

The US Court of Appeals for the Ninth Circuit has vacated the certification of three classes of tuna purchasers alleging a price-fixing conspiracy after determining that a lower court failed to fully evaluate whether a large portion of class members ever suffered harm.

07 April 2021

CAT set to approve UK’s first-ever competition class action claim

The UK’s Competition Appeal Tribunal has all but confirmed it will certify the country’s first-ever competition class action claim, although Mastercard has asked the tribunal to limit the scope of damages being sought by proposed class representative Walter Merricks.

26 March 2021

Mastercard concedes ground in class action certification dispute

Mastercard has confirmed to the UK’s Competition Appeal Tribunal that it does not oppose the certification of Walter Merricks’ competition damages claim in its entirety.

25 March 2021

Apple pushes to pause Australian fight against Epic Games

Apple has urged an Australian court to stay Epic Games’ allegations that it illegally maintains its monopoly over the distribution of apps and in-app payment on its mobile platform while nearly identical claims play out in US court.

23 March 2021

Proposed UK collective action is ideal opt-out damages claim, plaintiff alleges

Refusing to certify a proposed standalone class action against two train operators would knock out an “entire genre” of cases from the UK’s collective proceedings regime “before it gets going”, counsel to the claimant has told the country’s specialist competition tribunal.

12 March 2021

Proposed collective action is not a competition case, defendant train operators say

The UK’s Competition Appeal Tribunal has questioned an expert economist on why a proposed collective action against two train operators could lead to £98 million in damages, as the defendants allege that the case is a consumer protection claim masquerading as antitrust.

11 March 2021

DOJ urges Supreme Court to reject NCAA arguments in student-athlete compensation dispute

Both US antitrust agencies have asked the Supreme Court to affirm a lower court’s ruling that would allow football and basketball players in the National Collegiate Athletic Association to receive more in education-related benefits.

11 March 2021

CAT urged not to certify first standalone opt-out damages claim

The UK’s Competition Appeal Tribunal should not certify a proposed £98 million collective action against two train operators because the claimant has no realistic workable method of determining which proposed class members actually suffered loss, the defendants have argued.

10 March 2021

Epic Games keeps pressure on Google in new Australian lawsuit

Epic Games has sued Google in Australia, accusing the tech company of abusing its control over the Android operating system to harm competition in the markets for payment processing and app distribution on the Google Play Store.

10 March 2021

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