Topic: Follow-on claims

CAT allows Merricks to submit late evidence by former Mastercard exec

The UK’s specialist competition tribunal has partially granted Walter Merricks’s request to submit statements by a former Mastercard senior executive that supposedly debunks “substantial evidence” in the credit card company’s defence against a £17 billion class action claim.

06 June 2023

CAT to hear first-ever standalone carriage dispute in parallel Google claims

The UK’s Competition Appeal Tribunal has agreed to decide which of two proposed class representatives seeking up to €25 billion in damages from Google is best placed to proceed with their claim ahead of a full certification hearing.

30 May 2023

UK interchange fee claimants must be subject to cross-examination, Mastercard argues

The UK’s specialist competition tribunal should reject interchange fee claimants’ push to use survey data as factual evidence instead of individual oral testimony at trial, Mastercard has said.

24 May 2023

UK interchange claimants seek to rely on specific evidence to refute pass-on

Claimants seeking damages from Visa and Mastercard for charging allegedly unlawful interchange fees are urging the UK’s specialist competition tribunal to allow them to submit specific pricing and sales evidence to refute pass-on claims, less than a year after the tribunal questioned the reliability of such information.

23 May 2023

CAT urged to split hearings on carriage and certification in parallel Google claims

Two proposed class representatives seeking up to €25 billion in damages from Google have urged the UK’s Competition Appeal Tribunal to decide which claim is best placed to proceed ahead of a full certification hearing, thereby taking a different approach to that adopted – and criticised – in the Forex carriage dispute.

19 May 2023

Shell JV does not have to face cartel damages claim, Dutch court rules

A Dutch court has ruled that a Shell joint venture in Brazil does not have to face an antitrust damages claim seeking to hold the company liable for its involvement in a fuel storage cartel, after the claimant failed to establish jurisdiction.

18 May 2023

Dutch court seeks ECJ opinion on anchor defendant doctrine in power cables case

The EU’s highest court must clarify when claimants can bring follow-on damages lawsuits through the use of an anchor defendant that is not named in an original cartel decision, a Dutch court has ruled.

12 May 2023

Lawyers caution against CMA reliance on private litigation after Cardell speech

UK competition lawyers have warned of the influence of private litigation on the country’s antitrust authority when it selects cases after the agency’s chief executive said it is one of the factors it considers when deciding to take on a matter.

09 May 2023

EU cartel damages claimant urges UK court to assert jurisdiction

Mercedes-Benz is urging an English court to exercise jurisdiction over its follow-on damages claim against two German automotive parts manufacturers penalised by the European Commission, as it seeks to fend off the first post-Brexit jurisdictional challenge in a cartel case.

27 April 2023

UK appeals court queries CAT’s “odd approach” in forex class actions

Two appellate judges today questioned if the UK’s Competition Appeal Tribunal was too quick to reject a pair of competing opt-out forex collective actions, while counsel to both proposed class representatives attacked the earlier judgment for being “replete with legal errors”.

25 April 2023

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