News & Analysis as of

Class Action European Commission

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Goodwin

Reliance on Third-Party “Pricing” Facilitators Under Increasing Antitrust Scrutiny

Goodwin on

In the past year, healthcare systems and providers across the country have filed a series of antitrust lawsuits against MultiPlan Inc. and major US health insurers, alleging a hub-and-spoke conspiracy to fix and reduce...more

Lippes Mathias LLP

Emerging Issue: AI Governance

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Advancements in Artificial Intelligence have dominated the news recently in fascinating ways. Generative AI chatbots demonstrated seemingly spontaneous responses to test users. Visual artists filed a class action lawsuit to...more

White & Case LLP

The Digital Markets Act (DMA) goes live

White & Case LLP on

The DMA has been published in the Official Journal of the European Union and will enter into force on 1 November 2022. The DMA aims to address concerns regarding "contestability" and "fairness" in the digital economy and...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Class Actions: FX Decision Shows That the CAT Is Willing To Strike Out Poorly Pleaded Claims and Deny Opt-Out Certification

The CAT is willing to consider strike-out seriously at the certification stage. The CAT considered striking out the claims of its own motion, and warned the proposed class representatives that they should consider...more

ArentFox Schiff

Privacy Report: Utah Will Soon Publish US’s Latest Comprehensive State Privacy Law

ArentFox Schiff on

US News - Utah Will Soon Publish US’s Latest Comprehensive State Privacy Law - The Utah Consumer Privacy Act, also known as Senate Bill 227, recently cleared the Senate and the House. Though there are a few more steps...more

Hogan Lovells

An ever-closer jurisdiction? Cross-border consumer participation in EU class actions

Hogan Lovells on

With Directive (EU) 2020/1828 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC (“the Representative Actions Directive”) in force and to be implemented by...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Class Actions Update: Merricks Secures Uncontested CPO, But the Competition Appeal Tribunal Shows It Retains Significant Teeth...

After protracted challenges to class certification status, in Merricks v Mastercard the U.K. Competition Appeal Tribunal (CAT) granted its first collective proceedings order (CPO). The claim remains huge, comprising 46.2...more

Skadden, Arps, Slate, Meagher & Flom LLP

Merricks v Mastercard – UK Supreme Court Clarifies Low Bar for Class Action Certification

On 11 December 2020, the U.K. Supreme Court (the Court) handed down its much-awaited ruling in Merricks v Mastercard, dismissing Mastercard’s appeal against the English Court of Appeal’s April 2019 decision in a 3-2 ruling....more

Morrison & Foerster LLP

UK Opt-Out Class Actions – A New (Anti) Competitive Landscape

Morrison & Foerster LLP on

On 11 December 2020, the UK Supreme Court handed down its highly anticipated judgment in the case of Mastercard v Merricks. The case concerned the certification procedure for US-style ‘opt-out’ collective (class action)...more

BCLP

Merricks v MasterCard: the Supreme Court delivers collective joy to class representatives

BCLP on

The Supreme Court has handed down a landmark judgment in a £14 billion collective action brought against MasterCard in relation to anticompetitive interchange fees, following an infringement decision by the European...more

Epiq

The GDPR’s Influence on Class and Collective Proceedings

Epiq on

When thinking about class action lawsuits, most people envision legal proceedings occurring in the United States. However, class and collective proceedings modeled after those in the U.S. are becoming increasingly popular...more

Jones Day

"Class Actions" in Europe: Steps Toward a Harmonized Litigation Framework

Jones Day on

The Situation: Negotiators for the European Parliament and the Council of the European Union (the "Council") have reached an agreement on new European rules on collective consumer action. The Council has thus published a...more

Shook, Hardy & Bacon L.L.P.

Privacy and Data Security Alert | December 2019

SDNY Rejects Standing under “Increased Risk” Theory Where Data Not Targeted or Stolen - The Southern District of New York rejected a settlement that would have resolved a class action based on the unauthorized (and...more

Bilzin Sumberg

Atlantic Salmon Producers Netted by DOJ

Bilzin Sumberg on

This month, the U.S. Department of Justice (DOJ) opened a criminal investigation into collusive behavior among some of the largest producers of Atlantic salmon. This inquiry follows the DOJ’s June announcement of its separate...more

Hogan Lovells

Data class actions in Europe and spotlights in Mexico, Russia and the U.S.

Hogan Lovells on

The General Data Protection Regulation 2016/679 (GDPR) provides means to enforce provisions related to personal data processing by you as a data controller or data processor. It introduces collective actions everywhere in...more

McDermott Will & Emery

Cartel Snapshot - June 2019

McDermott Will & Emery on

The Department of Justice (DOJ) Antitrust Division announced three new investigations and several developments in its other investigations, including new investigations in the commercial flooring industry, online auctions for...more

Jones Day

French Class Actions at a Glance and Their Prospects for Development

Jones Day on

The Situation: After a lukewarm start since their introduction in 2014, class actions in France have gradually seen their field broaden. Still, while the regime of class action is already quite comprehensive in France...more

Skadden, Arps, Slate, Meagher & Flom LLP

Merricks v Mastercard: UK Class Actions Back Under the Spotlight

The English Courts have reignited the prospects of a £14 billion class action against Mastercard. In a much anticipated ruling, on 16 April 2019, the Court of Appeal of England and Wales (the Court) granted an appeal by...more

Jones Day

Collective Redress in Europe: Comparing the European and German Framework

Jones Day on

The Situation: In 2018, Germany introduced a model declaratory action giving qualified institutions the right to raise liability claims on behalf of groups of consumers in a representative action. Once the court has issued a...more

White & Case LLP

Decisive step toward a European collective redress mechanism such as group or class actions

White & Case LLP on

On 7 December 2018, the European Parliament's Legal Affairs Committee passed a legislative proposal to allow collective redress, such as group or class actions, moving the European Union closer to having a bloc-wide regime....more

Foster Garvey PC

OTA & Travel Distribution Update: Booking.com weighs in on the need for further EU regulation; Seattle law firm pursues Expedia...

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Both regulatory investigations and consumer complaints feature prominently in this week’s distribution news....more

Jones Day

Germany Introduces Class Actions for Consumer Claims

Jones Day on

The Situation: The German Parliament has approved the Act on Model Declaratory Proceedings ("Act"), which introduces, for the first time, class action-style litigation for consumer claims. The Plan: The Act will give...more

Hogan Lovells

A proposed EU-wide representative action may blur legal boundaries around collective actions

Hogan Lovells on

The European Commission is proposing a directive that would repeal the existing Injunctions Directive and require European Union (EU) member states to introduce into their national laws representative actions for the...more

Jones Day

EU Class Actions in the Making

Jones Day on

The Situation: Currently, European law provides only for representative actions to stop or prohibit infringements of EU consumer law, but not for collective redress. As a result, significant differences exist in the...more

Jones Day

German Government Releases Draft Act on Class Actions in Germany

Jones Day on

The Situation: As agreed in the Coalition Contract of the current German government, the Federal Ministry of Justice officially presented the Act on Model Declaratory Proceedings ("Draft Act") on May 9, 2018, after protracted...more

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