Work Area: Private Antitrust Litigation

Brazil introduces double damages for private antitrust claims

New private antitrust litigation rules have gone live in Brazil, allowing for the rare award of double damages against cartel members and clarifying that defendants must demonstrate that pass-on actually occurred.

21 November 2022

Behavioural economist to give novel evidence in UK class action

The UK’s Competition Appeal Tribunal has allowed a behavioural economist to provide an expert witness statement for the first time in a collective action, as a class of claimants seeks to clarify the losses allegedly caused by telecommunications company BT.

21 November 2022

UK tribunal considers communications ban in ro-ro class action

The UK’s Competition Appeal Tribunal is deciding for the first time what kind of communications can be sent by defendants to members of a class action, after several shipping companies contacted purchasers of roll on, roll off services two weeks before an opt out deadline.

17 November 2022

Ninth Circuit suggests evidentiary record could doom Epic’s appeal

Apple has made convincing arguments that Epic Games’ failure to prove its case at trial dooms the videogame maker’s attempt to resurrect its lawsuit against the tech company, members of the US Court of Appeals for the Ninth Circuit have said.

16 November 2022

UK tribunal adds season ticket holders to train operators class action

The UK’s Competition Appeal Tribunal has granted a request by Justin Gutmann to include season ticket holders in his £93 million collective action against a pair of train operators for allegedly overcharging commuters travelling outside of London.

11 November 2022

Evidence disclosure is not limited to pre-existing documents, ECJ rules

The EU’s highest court has clarified that the disclosure of relevant evidence in antitrust damages claims applies to both existing and non-existing documents that a party may need to create from scratch.

10 November 2022

OPEC sued in Germany

An academic economist has filed a landmark lawsuit against OPEC in Germany, claiming the organisation is operating an illegal cartel that has driven up the prices of gasoline and heating oil.

08 November 2022

Celgene, Bristol-Myers monopolised cancer drug, pharmacies say

Celgene, Bristol-Myers Squibb and two generic drugmakers engaged in a years-long conspiracy to hinder generic competition for a rare cancer medication, Walgreens and Kroger Pharmacies have alleged.

07 November 2022

Judge certifies eight classes in HIV treatment MDL

A California federal judge has certified eight out of nine proposed classes of purchasers in the HIV antitrust litigation, rebuffing drugmakers’ claims that the plaintiffs “lack typicality and adequacy” to recover damages on a classwide basis.

04 November 2022

Mastercard claims CAT had “ulterior” motive for expanding Merricks class action

Mastercard has accused the UK’s Competition Appeal Tribunal of being influenced by public interest considerations in allowing Walter Merricks to amend his multi-billion pound class action claim against the credit card company to include millions of additional claimants.

03 November 2022

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