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Cartels Damages

Hogan Lovells

Cartel damages: Germany, the assignment model and debt collection services – an update

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Germany doesn’t offer claimants a true U.S. or UK style class action regime. Claimants will therefore seek alternative ways to join forces and bundle their claims using the so-called assignment-model as a favoured solution....more

Jones Day

JONES DAY TALKS®: Private Antitrust Litigation in Spain

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Jones Day's series on private enforcement actions relating to antitrust matters in Europe turns to significant developments in Spain. Raimundo Ortega and Antonio Canales explain why antitrust actions in Spain have increased,...more

A&O Shearman

German Federal Supreme Court allows 15% lump sum damages clauses in private follow on damages actions

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In a recent judgement, the German Federal Supreme Court indicated that lump sum damages clauses in private follow on damages actions of up 15% are permissible. The decision is a clear example of judicial activism, and...more

BCLP

Bound by prior admissions: Court of Appeal upholds the CAT’s abuse of process judgment against Truck Cartelists

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The Court of Appeal has strongly dismissed an appeal against the Competition Appeal Tribunal’s (“CAT’s”) decision that it would be an abuse of process for certain truck manufacturers to seek to challenge the facts recorded in...more

Hogan Lovells

Mindestens 15% - Landgericht Dortmund schätzt kartellbedingten Preisaufschlag

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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

Faegre Drinker Biddle & Reath LLP

Seventh Circuit Clarifies “Direct Purchaser” Rule

The U.S. Court of Appeals for the Seventh Circuit recently issued an important decision regarding who may sue to recover damages for purchasing goods at a higher price due to cartel or monopoly overcharges. The case, Marion...more

Orrick, Herrington & Sutcliffe LLP

Antitrust Damages Claims in Germany

Kartelle sind schwerwiegende Eingriffe in unsere marktwirtschaftliche Ordnung, die jedes Jahr erhebliche volkswirtschaftliche Schäden verursachen. Wenn sich Wettbewerber untereinander absprechen, um Preise festzusetzen,...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

White & Case LLP

English Court of Appeal slashes UK's first cartel follow-on antitrust damages award and emphasises claimants' burden to prove...

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In BritNed v ABB, the English Court of Appeal substantially reduced the UK's first award of damages in a so-called cartel damages claim brought for breach of European competition law. In so doing, the Court rejected calls for...more

Kramer Levin Naftalis & Frankel LLP

European Commission Adopts Passing-On Guidelines for National Judges Evaluating Cartel-Related Damages

As widely acknowledged, key problems in the implementation of the Antitrust Damages Directive [2014/104/EU, herein referred to as “Damages Directive”] were found in the vague provisions set therein, such as the rules on...more

A&O Shearman

European Commission publishes guidelines to help national courts estimate share of overcharge passed on in private damages actions...

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The EC published guidelines for national courts to estimate the share of overcharge that is passed on. These non-binding guidelines explain the factors impacting the existence and magnitude of passing-on effects and methods...more

BCLP

Court of Appeal restores £14 billion collective damages action

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In a landmark ruling the Court of Appeal has given another chance to a £14 billion class action against MasterCard. The first case of its kind, brought on behalf of 46 million UK consumers, stalled two years ago when the...more

Jones Day

EU's Highest Court Expands Cartel Damages Liability for Corporate Parents and Successors

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The Development: The European Court of Justice ("ECJ") ruled that parent companies and economic successors can be held liable for damages caused by a subsidiary or acquired company in cartel cases. This significantly broadens...more

Hogan Lovells

CADE issues a new regulation to foster private antitrust enforcement in Brazil

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The Administrative Council for Economic Defense (CADE) has issued a resolution providing specific procedures and rules to be considered by private plaintiffs aiming to obtain access to evidence held by the CADE. ...more

Morrison & Foerster LLP

German Federal Court Resolves Controversy Around Statute of Limitations for Cartel Damage Claims

In a landmark decision, on June 12, 2018, the German Federal Court of Justice (Bundesgerichtshof, BGH) decided that the statute of limitations for all cartel damage claims that arose prior to July 1, 2005, shall be suspended...more

BCLP

EU Competition Newsletter - April 2018

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Lights Back On: Territorial Limits in EU Cartel Damages Claims - The Court of Appeal has ruled that iiyama's 1bn EUR cartel damages claims, against the participants of the cathode ray tube ("CRT") market and liquid...more

A&O Shearman

The English High Court Rules in Favour of Air Cargo Defendants Regarding Temporal Scope of Claimants’ Claims

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On 4 October 2017, the High Court gave a judgment on a preliminary issue significantly restricting the temporal scope of the claimants’ claims in four air cargo cartel damages actions....more

BCLP

Significant Changes in German Competition Law

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On June 9, 2017, the 9th amendment of the German Act against Restraints of the Competition (GWB) came into effect. The most significant changes affect the liability for cartel fines, the application of merger control and the...more

Hogan Lovells

"Friends forever? Joint and several liability for cartel damages"

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Good friends can never be separated… - In 2014, the German Antitrust Authority (the Bundeskartellamt) imposed a fine of almost EUR 200 million on a single member of the ‘sugar cartel’. Therefore, the price for a good...more

Hogan Lovells

What applies as of when? – When will the 9th amendment of the German Act against Restraints of Competition (GWB) apply?

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So it has begun. However, when will the new provisions of the 9th amendment of the GWB actually apply? Aside from a number of exceptions, the 9th amendment will come into force on the day following its promulgation. But, a...more

Hogan Lovells

The return of the kin liability (Sippenhaft) – Liability of parent companies after the 9th amendment of the German Act against...

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The Middle Ages are regarded as the golden age of the kin liability (Sippenhaft) in Germany. According to the principle of kin liability, family members had to stand up for the actions of their relatives, regardless of...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

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