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JONES DAY TALKS®: Private Antitrust Litigation in Europe: The Big Picture
Introduction - In May 2022, a jury in the Circuit Court for Fairfax County, Virginia awarded Appian Corp. (Appian) in excess of $2 billion in damages from Pegasystems, Inc. (Pegasystems) for misappropriating Appian’s trade...more
On May 20, 2024, US District Court Judge Michael W. Fitzgerald rejected a popular over-the-counter eyedrop seller’s bid for a new trial and granted a pricing injunction impacting two large wholesale membership clubs following...more
2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade...more
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
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
A Competition Appeal Tribunal (CAT) judgment recently obtained by Royal Mail and BT has wide-ranging implications, not only for all competition follow-on damages claims but also many other forms of commercial damages claims....more
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
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
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
A trade secret is any information used in one's business that derives independent economic value from being kept secret. Unlike patents, trade secrets are protected indefinitely for as long as they remain a secret. In the...more
Funds — through their portfolio companies — may have a significant antitrust opportunity against the major U.S. railroad companies. ...more
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
Kartelle sind schwerwiegende Eingriffe in unsere marktwirtschaftliche Ordnung, die jedes Jahr erhebliche volkswirtschaftliche Schäden verursachen. Wenn sich Wettbewerber untereinander absprechen, um Preise festzusetzen,...more
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
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
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
Chapter 93A, § 11 provides a right of action to persons engaged in business who suffer a loss of money or property as a result of unfair methods of competition, or unfair or deceptive acts or practices, used by another...more
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
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
On March 5th, Eater published a detailed account of how a former OpenTable employee made hundreds of fake reservations at restaurants that used Reserve, an online reservation company (and a competitor of OpenTable). His...more
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
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
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
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
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