Work Area: Private Antitrust Litigation

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

Latin American platform joins App Store complainants

South America’s largest online marketplace has complained to the Brazilian and Mexican competition authorities that Apple imposes unlawful restrictions on digital retailers.

16 December 2022

Surgical assistant association expands group boycott claims

The Association of Surgical Assistants is doubling down on its claims that the national board for certifying surgical technicians and assistants conspired with a technicians’ group to eliminate competition for educational courses.

16 December 2022

Farmers alleged “rimless” hub-and-spoke conspiracy, John Deere says

A proposed class of farmers have doomed their antitrust claims by only targeting John Deere and not its dealerships, the agricultural equipment manufacturer has said.

13 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

Shuttle bus alleges Port Authority-approved monopoly at JFK airport

The Port Authority of New York and New Jersey has bestowed a monopoly on a busing service for employee transportation at part of John F Kennedy Airport, despite the company’s history of illegal conduct, a rival has said.

09 December 2022

Ontario court throws out class action against hotel booking platforms

A provincial court in Ontario has dismissed a proposed class action against Booking, Expedia and several other online hotel booking platforms for allegedly infringing Canada’s competition law by displaying misleading search results, ruling the plaintiffs failed to prove a financial loss.

08 December 2022

Google evades advertising algorithm suit

A California federal court correctly scrapped a stock image provider’s claims that Google illegally monopolised the online search advertising market, the US Court of Appeals for the Ninth Circuit has said.

08 December 2022

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