Topic: Statute of limitations

CAT rejects Mastercard’s counterfactual defence in Merricks class action

The UK’s Competition Appeal Tribunal has banned Mastercard from putting forward a counterfactual defence against Walter Merricks’ class action that would have reduced the credit card company’s potential damages liability.

22 March 2023

Eleventh Circuit rejects Venezuelan president’s bid to intervene in antitrust suit

Venezuela's state-owned oil company cannot advance price-fixing claims in US court because the State Department does not recognise the country’s current government, a federal appellate court has ruled.

15 March 2023

Juice producers face €2.3 billion cartel damages claim in Brazil

Brazil’s public prosecutor has launched a €2.3 billion civil damages claim against members of an orange juice price-fixing conspiracy, just three months after an appellate court rejected a similar claim as time-barred.

09 March 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

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

Antitrust Division says district court was wrong in states’ Meta case

The Department of Justice has appeared before a federal appellate court to criticise aspects of a lower court's dismissal of claims from a coalition of states accusing Meta Platforms of acquiring its competition to enshrine its social networking monopoly.

20 September 2022

ECJ lays out application of limitation periods for trucks claims

The European Court of Justice has ruled that claimants seeking damages from the EU trucks cartel cannot rely on the statute of limitation provisions under the damages directive for conduct that took place before the legislation was transposed into national law.

22 June 2022

UK appeals court upholds dismissal of chip cartel follow-on claim

A UK appeals court has rejected Gemalto’s request to overturn a lower court’s decision that dismissed its €480 million follow-on damages claim against smart card chip makers as time-barred, ruling the company did not need to know every aspect of the cartel to file the claim.

10 June 2022

General Court upholds EU air cargo decision but slashes several airline fines

The EU’s General Court has largely confirmed the European Commission’s readopted air cargo cartel decision, while cutting fines imposed on six airlines for their role in the conspiracy to fix surcharges on global flights.

30 March 2022

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