News & Analysis as of

Damages Antitrust Provisions

Troutman Pepper

House Settlement Submitted for Court Approval: Impact on the Future of College Athletics

Troutman Pepper on

On July 26, the plaintiffs in In Re: College Athlete NIL Litigation (a/k/a the House litigation) filed formal settlement documents (i.e., the proposed settlement) with the U.S. District Court for the Northern District of...more

Snell & Wilmer

U.S. Supreme Court Passes on the Chance to Tighten Class Certification Review

Snell & Wilmer on

On April 15, 2024, the United States Supreme Court declined certiorari in the case of National ATM Council, Inc. v. Visa Inc. The central issue raised in the petition was the depth of analysis a court must conduct at the...more

Stikeman Elliott LLP

Government’s “Generational Changes to Competition Law in Canada” Increase Risks for Canadian Businesses

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On November 28, 2023 the Canadian government unveiled another round of amendments to the Competition Act that had been previewed in its Fall Economic Statement the previous week. These changes, together with several...more

Manatt, Phelps & Phillips, LLP

Missouri Jury Finds Realtors Liable for $1.78 Billion in Commission Fees

On October 31, 2023, a federal jury in the Western District of Missouri found that the National Association of Realtors (NAR) and multiple other real estate brokerages violated antitrust laws by conspiring to inflate the...more

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

Stinson - Government Contracting Matters

Antitrust Developments and the Potential Impact on Government Contractors

The Remedy of Divestiture: Steves and Sons, Inc. v. JELD-WEN, Inc. For what is believed to be the first time ever, a private plaintiff successfully challenged an already consummated merger under antitrust law and won...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

Kramer Levin Naftalis & Frankel LLP

Antitrust Litigation Opportunity for Funds

Funds — through their portfolio companies — may have a significant antitrust opportunity against the major U.S. railroad companies. ...more

Hogan Lovells

Record-high damages for antitrust claim – a new era for antitrust litigation in China?

Hogan Lovells on

On 18 March 2020 the Nanjing Intermediate People's Court (court) ruled in favor of Yangtze River Pharmaceutical Group and its subsidiary (Yangtze Pharma) in an abuse of dominance case against its suppliers of active...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

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

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

Akerman LLP - Health Law Rx

Antitrust Exemption Allows Health System to Avoid All Claims for Damages in Antitrust Class Action

Atrium Health (formerly known as Carolinas Healthcare System) scored a big victory in its defense of an antitrust class action on March 4, when the Court ruled that the plaintiffs in Benitez v. The Charlotte-Mecklenburg...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

Patterson Belknap Webb & Tyler LLP

Third Circuit Says “Umbrella Damages” Bar Does Not Preclude Antitrust Standing Where Product Is Partly Comprised of Materials Not...

In a case of first impression, the Third Circuit recently held in In re Processed Egg Products Antitrust Litigation, No. 16-3795, 2018 U.S. App. LEXIS 2698 (3d Cir. Jan. 22, 2018), that a direct purchaser of a product,...more

BCLP

Significant Changes in German Competition Law

BCLP on

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

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

Hogan Lovells on

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

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

Hogan Lovells on

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

Jones Day

Latest Reform of German Competition Law Brings Clarity

Jones Day on

The German Parliament has adopted the 9th Amendment to the German "Act against Restraints of Competition" ("ARC") or "Gesetz gegen Wettbewerbsbeschränkungen" ("GWB"). The new law will enter into force after publication in the...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

Holland & Knight LLP

Third Circuit Affirms Private Damages Immunity Under Shipping Act for Ocean Common Carriers

Holland & Knight LLP on

Holland & Knight alerted the maritime community in November 2016 that the U.S. Court of Appeals for the Third Circuit appeared likely to affirm the dismissal of private antitrust claims brought against roll-on, roll-off...more

Holland & Knight LLP

Third Circuit Considering Federal Court Damages Immunity for Ocean Shipping Companies

Holland & Knight LLP on

The Shipping Act of 1984 grants limited immunity under the antitrust laws to vessel-operating common carriers that enter certain agreements, including price-fixing agreements, so long as the agreements are filed in advance...more

Morrison & Foerster LLP

EU Antitrust Damages Directive: Opening the Floodgates to Claims or a Damp Squib?

Morrison & Foerster LLP on

The Council and European Parliament have finally adopted a Directive on rules governing actions for damages under national law for infringements of competition rules (the "Directive"). EU Member States have two years to...more

Skadden, Arps, Slate, Meagher & Flom LLP

"EU Council of Ministers Adopts Directive on Rules Governing Private Antitrust Damage Actions"

On 10 November 2014, the Council of Ministers of the European Union adopted the long-awaited directive on rules governing private antitrust damage actions (Damages Directive or Directive). Although the text still needs to be...more

Dechert LLP

European Parliament Approves Antitrust Damages Directive

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The European Parliament approved the text on April 17, 2014 of a long-awaited Directive designed to facilitate private actions for damages by victims of infringements of antitrust rules in the EU (the “Directive”). The...more

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