Topic: Statute of limitations

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

Chip cartelists escape €480 million follow-on claim on limitation grounds

Gemalto had sufficient reason to believe it may have been the victim of the smart card chip cartel by the time the European Commission issued its statement of objections, a UK court has ruled while dismissing the company’s follow-on claim as time-barred.

28 January 2022

Chip cartelists argue limitation defence in UK follow-on damages claim

Two members of the smart card chip cartel have told a UK court that Gemalto’s follow-on claim against them is time-barred because the technology company could have launched a damages action well before the European Commission issued its infringement decision.

13 January 2022

AG Rantos calls to limit damages directive in trucks cartel claims

Trucks cartel claimants cannot rely on the five-year limitation period or the presumption of harm laid out in the EU damages directive, an advocate general at the European Court of Justice has said.

28 October 2021

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