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European Union Competition Damages

The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of... more +
The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -
A&O Shearman

European Commission positive about implementation of Damages Directive

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In a report, published on 14 December 2020, the European Commission welcomed the consistent implementation of the Damages Directive, emphasised its own initiatives to ensure its effectiveness and praised the guidance given by...more

Hogan Lovells

Mindestens 15% - Landgericht Dortmund schätzt kartellbedingten Preisaufschlag

Hogan Lovells on

Das Landgericht Dortmund macht mit Urteil vom 30.09.2020 (8 O 115/14 (Kart)) von der Möglichkeit Gebrauch, die Schadenshöhe in Kartellschadensersatzfällen zu schätzen – ohne ein eigenes Gutachten einzuholen. ...more

Jones Day

JONES DAY TALKS®: Private Antitrust Litigation in Europe: The Big Picture

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Private enforcement actions relating to antitrust matters has increased dramatically across Europe in recent years, both as follow-on damages claims in reaction to governmental enforcement actions, or as standalone...more

Skadden, Arps, Slate, Meagher & Flom LLP

Competition Law Litigation in the UK

On December 4, 2019, Skadden hosted a discussion with Sir Marcus Smith QC, a Justice of the High Court and a chair of the Competition Appeal Tribunal (Tribunal). Sir Marcus has presided over leading cases in the U.K. on...more

A&O Shearman

UK’s first cartel follow-on damages award reduced by Court of Appeal

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The Court of Appeal ordered BritNed to repay EUR4.94 million it had received in damages from ABB as a result of ABB’s participation in a power cable cartel. This case is the first follow-on damages claim arising from cartel...more

Hogan Lovells

No limits..? The limitation rules for cartel (damages) claims after the 9th reform of the German Competition Act (ARC)

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At first glance, not a stone seems to be left standing. The new sec. 33h ARC hardly bears any resemblance with the old sec. 33 para. 5 ARC, the to date only special limitation rule applicable to cartel damages claims in the...more

Hogan Lovells

(No) need to argue – What is certain, what is presumed and what can be estimated in cartel damage litigation after the 9th...

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Where is no plaintiff, there is also no judge: Private enforcement of competition law presupposes that there are plaintiffs who take a cartel to court. Plaintiffs exist where actions are worth it. Cartel victims may obtain...more

Hogan Lovells

Plaintiff's paradise? – The passing-on defense after the 9th amendment of the German Act against Restraints of Competition (GWB)

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Cartelists facing damage claims by their customers regularly defend themselves with the objection of the so-called passing-on defense. According to such objection, a purchaser of the cartel cannot claim damages in so far as...more

McDermott Will & Emery

Implementation of the European Union Directive on Antitrust Damages Actions into French Law

On 10 March 2017, France finally implemented into French law the EU Directive 2014/104 of 26 November 2014 on antitrust damages actions. The implementation provisions faithfully transpose the Directive, but some concepts...more

A&O Shearman

Damages Directive and competition claims

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The Damages Directive came into force in the UK on 9 March 2017. This change is important, as the risk of competition claims is likely to increase steadily across the EU. What may be less obvious, but is equally significant,...more

McDermott Will & Emery

2017 Intellectual Property Law Year In Review

Though politics ruled the headlines in 2016, the year still brought big changes in intellectual property law and its application, most notably in patent subject matter eligibility, inter partes review institution and appeal...more

BCLP

Claims for cartel damages limited by the UK High Court

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On 23 May 2016, the Chancery Division of the UK High Court of Justice handed down judgment in the case Iiyama Benelux BV and others v Schott AG and others [2016] (“the Iiyama case”) and held that claims for cartel damages...more

McDermott Will & Emery

McDermott EU Competition Annual Review 2015

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McDermott has published an EU Competition Annual Review for 2015. This 87 page booklet will help General Counsel and their teams focus on the most essential EU competition updates for 2015. Beyond being used to understand...more

Sheppard Mullin Richter & Hampton LLP

Evolving Private Remedies for Competition Infringements in Europe: Class Actions in the U.K.

Winds of change are blowing through Europe’s national courts, beginning with a new antitrust damages Directive requiring changes in national laws to facilitate private enforcement of competition law. This step was a major...more

Wilson Sonsini Goodrich & Rosati

European Commission Proposes New Regime for Private Antitrust Damages Actions

On June 11, 2013, the European Commission published a proposal for a directive on private damages actions for breaches of EU competition law. If adopted, the directive will facilitate private damages actions in the national...more

Skadden, Arps, Slate, Meagher & Flom LLP

"European Commission Issues Proposals on Private Antitrust Damage Actions and Collective Actions"

On June 11, 2013, the European Commission (Commission) issued a widely anticipated series of proposals designed to advance private antitrust damage and collective actions in Europe. To accomplish this, the Commission issued...more

McDermott Will & Emery

A Dutch Court Hands Down the First Substantive Damages Judgment in the Netherlands for an Infringement of Competition Law

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In a recent judgment, a District Court in the Netherlands (the DCA) handed down a judgment in what is the first substantive damages judgment in the Netherlands for a breach of competition law. In issuing the declaration of...more

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