Topic: Follow-on claims

Mastercard could have charged lawful MIFs in Merricks counterfactual, counsel argues

Counsel to Mastercard has claimed that the European Commission did not find all interchange fees to be unlawful as part of its infringement decision against the company and it could have charged legal rates absent its anticompetitive scheme.

17 January 2023

Merricks urges CAT to reject Mastercard’s counterfactual arguments in multi-billion pound class action

Walter Merricks has accused Mastercard of seeking “another bite of the cherry” in attempting to argue that absent its interchange infringement the credit card company would have set its fees at the highest possible rate that was legally allowed.

16 January 2023

Mastercard pushes back against “extreme” limitation arguments in Merricks claim

Mastercard has argued there is no justification for the UK’s specialist competition tribunal to deprive the company of its limitation defence rights in Walter Merricks’ £17 billion class action lawsuit.

13 January 2023

CAT allows Merricks to argue Mastercard concealed facts in class action lawsuit

The UK’s specialist competition tribunal has allowed Walter Merricks to allege Mastercard deliberately concealed facts in a multi-billion pound interchange fee class action, as the claimant seeks to fend off arguments his lawsuit is time-barred.

12 January 2023

UK government files interchange fee claim against Mastercard

Mastercard is facing yet another interchange fee action in the UK as HM Revenue and Customs seeks damages from the credit company before the High Court of England and Wales.

09 January 2023

Cartel victim seeks damages from UK roofing suppliers

A roofing supply broker is hoping to receive about £1 million in compensation from two of the UK’s largest rolled lead roofing suppliers, whose two-year price-fixing and market-sharing conspiracy allegedly forced it into bankruptcy in 2017.

09 January 2023

Limitation ruling thwarts Brazilian orange juice cartel damages claim

Brazil’s Superior Court of Justice has determined that an orange farmer is time-barred from seeking damages from a juice cartel that settled with the country’s competition authority five years ago because the enforcer never issued an infringement decision.

05 January 2023

CAT failed gatekeeping duty in ro-ro class action certification, appellate court rules

A UK appellate court has rejected requests from four vehicle shipping companies to overturn a ruling certifying a roll-on, roll-off class action claim but ordered the Competition Appeal Tribunal to reassess the proposed methodologies for calculating pass-on.

21 December 2022

Microsoft/Activision could suppress workers’ wages, lawsuit alleges

Microsoft’s proposed $68.7 billion purchase of Activision Blizzard will harm competition in more than just the high-end gaming console market and could depress wages for “top talent” in the industry, a group of video game purchasers has said.

21 December 2022

Spanish courts are not ATMs in trucks cartel claims, appellate panel says

An appellate court in Valencia has rebuked a lower court for awarding damages in a follow-on Trucks claim against AB Volvo based on a widely-accepted 5% overcharge, warning that judges are not ATMs and must demand proper evidence to support such quantifications of harm.

12 December 2022

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