Topic: Standalone claims

Microsoft faces £270 million standalone damages claim

A UK-based reseller of pre-owned Microsoft software is seeking at least £270 million from the technology company to account for damages that it claims it suffered as a result of Microsoft’s abuse of dominance.

08 April 2021

The Jeld-Wen legacy

The US Court of Appeals for the Fourth Circuit recently issued a ground-breaking decision in the litigation between doormakers Jeld-Wen and Steves and Son, confirming a divestiture order in a private merger dispute for the first time. Winston & Strawn partners Susannah Torpey and Neely Agin explore how the ruling might be used by private plaintiffs to challenge allegedly anticompetitive deals in technology markets, while also highlighting some of the drawbacks to bringing these novel claims.

24 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

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

UK tribunal hears first class certification bid since Merricks

The UK’s Competition Appeal Tribunal has begun hearing the first application for a collective proceedings order since the Supreme Court’s landmark Merricks ruling, as a consumer rights advocate seeks to certify his standalone opt-out damages claim against two UK rail companies.

09 March 2021

Royal Mail settles abuse allegations

Medical testing company Preventx has settled its standalone abuse of dominance claim against Royal Mail, six months after a UK court ordered the incumbent postal operator to temporarily continue providing it with a freepost service.

17 February 2021

Interchange fee dispute reveals flaws in CAT rules

The UK’s Competition Appeal Tribunal is preparing to reform its procedural rules for the first time since 2015, its president has said.

11 February 2021

No judicial overreach in Phones 4U disclosure order, UK court rules

Judges presiding over cartel damages claims can order defendant companies to ask their employees to hand over personal devices to be searched for evidence of collusion, a UK appeals court has ruled.

02 February 2021

Kenyan court dismisses lawsuit against competition enforcer

A Kenyan court has dismissed a lawsuit alleging that the country’s competition authority failed to tackle the dominance of Kenya Power while rejecting a request to break up the incumbent electricity company.

26 October 2020

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