Work Area: Private Antitrust Litigation

Claimants accuse truck cartelists of undermining EU settlements

Truck cartelists’ refusal to accept the facts in the European Commission’s decision as binding against them is an abuse of process, follow-on claimants have argued in a UK court.

03 December 2019

Scottish publisher files stand-alone claim against government art funder

A Scottish book publisher has accused a government art funder of handing grants to rivals that reduced its ability to compete in the publishing market.

22 November 2019

Envelope cartelists seek disclosure to show UK claim is time barred

A English judge told envelope makers to “think more carefully” about the scope of disclosure they are seeking to prove their limitation defence against Office Depot’s damages claim.

20 November 2019

BritNed must pay back damages to ABB, UK court rules

A UK appeals court has ruled that a lower court incorrectly calculated damages in the country’s first cartel follow-on claim to reach a decision on the merits.

31 October 2019

UK tribunal dismisses “fanciful” funding challenges

The UK’s Competition Appeal Tribunal has dismissed truck cartelists’ argument that certain follow-on damages claimants cannot serve as class representatives due to their litigation funding arrangements.

29 October 2019

Canada allows umbrella damages for class

Canada’s Supreme Court has allowed a class action claim against Toshiba, Pioneer and others to proceed, ruling that customers who purchased optical disk drives from non-cartelists can claim damages.

20 September 2019

French court throws out government’s cartel damages claim

A Paris court has dismissed as time-barred the Ile-de-France region’s €173 million follow-on claims against 26 construction, engineering and telecommunications companies that rigged bids to restore schools.

29 August 2019

ECJ issues first ruling on trucks follow-on claims

An indirect purchaser of vehicles affected by the EU-wide trucks cartel can sue a cartelist for damages in any member state where the cartel distorted market prices and the purchaser claims to have suffered loss, the European Court of Justice has said.

31 July 2019

AG Kokott clarifies scope of EU damages actions

An Austrian public authority that subsidised loans to victims of an elevator cartel has a sufficient causal link to be entitled to compensation from the cartelists, European Court of Justice advocate general Juliane Kokott has said.

29 July 2019

Cartel savings are no basis to award damages, ABB argues

The money that a cartelist saves from not competing should not be part of the calculation of damages to compensate a cartel victim, counsel to ABB has said.

17 July 2019

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