News & Analysis as of

Competition Class Certification

Bennett Jones LLP

Class Actions: Looking Forward 2024

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In our 2024 edition of Looking Forward, we review notable class action developments from the past year and consider what recent trends in the law might tell us about what to expect in the years ahead....more

Brownstein Hyatt Farber Schreck

Illinois District Court Issues Important Class Certification Decision in a Section 1 Antitrust Case

On July 22, 2024, Judge Rebecca R. Pallmeyer of the Northern District of Illinois issued a Memorandum Opinion and Order (“Opinion”), ultimately ruling to certify a class of vendors that provide back-end software to many of...more

WilmerHale

The Interplay: Key Decisions at the Intersection of Antitrust & Life Sciences - April 2024

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This week, the FTC continued its intense regulatory focus on pharmaceutical patents listed in the FDA’s Orange Book. As reported in earlier editions of The Interplay, the FTC issued a policy statement in September 2023,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Fierce Competition Podcast | Letter From London: The Rise of UK Class Actions and the Competition Appeal Tribunal

This episode of our “Fierce Competition“ podcast looks at trends across the pond in class actions in the U.K. and focuses on the country’s new tribunal that was created specifically to hear class actions....more

Stikeman Elliott LLP

Difederico v. Amazon.com Inc.: Federal Court Finds Proposed Class Action has no Prospect of Success

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In Difederico v. Amazon.com, 2023 FC 1156, the Federal Court refused to certify a proposed class action involving allegations that a collection of Amazon entities (“Amazon”) had breached sections 45 and 46 of the Competition...more

Stikeman Elliott LLP

Jensen v. Samsung: Federal Court of Appeal Confirms Evidentiary Requirement More Than “Mere Formality”

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In Jensen v. Samsung Electronics Co. Ltd., 2023 FCA 89, the Federal Court of Appeal (the “Court”) upheld the lower court’s refusal to certify a proposed class action involving allegations that the defendants had breached...more

BCLP

Certification of Collective Actions in the CAT

BCLP on

To bring a collective competition action in the Competition Appeal Tribunal (“CAT”), a proposed class representative first has to have their claim certified by the CAT. The CAT’s approach to certification is therefore an...more

Hogan Lovells

UK Class Action certification

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In the UK, since 2015, there has been a statutory class action regime allowing full opt-out or opt-in class actions for claim for breach of competition law. Competition claims require approval (or certification) before...more

Morgan Lewis

US Supreme Court Will Not Weigh In on Class Certification, Representative Evidence Questions

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The US Supreme Court denied a certiorari petition seeking to resolve circuit court splits relevant to the litigation of class action matters, including if and when class certification is appropriate where a significant...more

Stikeman Elliott LLP

B.C. Court Dismisses Proposed Conspiracy Class Action Involving Digital Audiobooks

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In Williams v. Audible, the Supreme Court of British Columbia (the “Court”) considered three applications in the context of a proposed conspiracy class action focused on exclusivity provisions in an agreement between Audible...more

Blake, Cassels & Graydon LLP

Des tribunaux fédéral et provincial refusent d’autoriser des actions collectives en matière de droit de la concurrence

Deux décisions rendues récemment, l’une par la Cour suprême de la Colombie-Britannique (la « CSCB »), l’autre par la Cour fédérale du Canada (la « Cour fédérale »), laissent entendre que les tribunaux sont de plus en plus...more

Blake, Cassels & Graydon LLP

Provincial and Federal Courts Decline to Advance Competition Act Claims in Proposed Class Actions

Two decisions recently rendered by the Supreme Court of British Columbia (B.C. Court) and the Federal Court of Canada (Federal Court) suggest a growing judicial willingness to limit, or even put an end to, proposed class...more

Vinson & Elkins LLP

Prominent Services Contractors Ensnared in No-Poach Class Action

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For many federal government contractors, their skilled and experienced workforce may be their most valuable asset. A recent “ice breaker” settlement of a class action lawsuit, however, demonstrates the wrong way to protect...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

Wilson Sonsini Goodrich & Rosati

2019 Antitrust Year in Review

Wilson Sonsini Goodrich & Rosati (Wilson Sonsini) is pleased to present its 2019 Antitrust Year in Review, which summarizes the most significant antitrust matters and developments of the past year. Over the past few years,...more

Bilzin Sumberg

Big Food Price-Fixing Update: Court Certifies Three Putative Classes in Packaged Seafood Litigation

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What started out as a proposed merger between two of the largest packaged seafood manufacturers spawned a lengthy criminal investigation into antitrust violations in the tuna industry by the Department of Justice (DOJ) and...more

Blake, Cassels & Graydon LLP

British Columbia Supreme Court Rejects “File, Smile and Certify” Approach to Class Actions

The British Columbia Supreme Court (Court) recently dismissed the plaintiff’s application for class certification in Ewert v. Nippon Yusen Kabushiki Kaisha (Ewert), holding that certification is not simply a “file, smile and...more

Carlton Fields

Noodle This! The Yin and Yang of Two Courts, Two Antitrust Cases, Two Class Certification Motions, Two Daubert Challenges, Two...

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Noodle this: Two significant orders on class certification in antitrust matters issued last week. Both were heavily influenced by the threshold determination of Daubert challenges to the plaintiffs’ expert evidence. In one...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

Cooley LLP

Alert: UK Consumer Rights Act Ushers in New Era for Competition Litigation

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The UK Consumer Rights Act 2015 (CRA) entered into force on 1 October. As well as amending a number of aspects of consumer protection law, the CRA implements sweeping reforms of the private competition litigation regime in...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - September 2014

In This Issue: - SEC Pays First Whistleblower Award to Audit and Compliance Professional - Supreme Court Allows Affordable Care Act Contraceptives Religious Exemption - EEOC Adopts New Pregnancy...more

Proskauer - Employee Benefits & Executive...

The ERISA Litigation Newsletter; November 2013

In This Issue: - Labor and Employment and ERISA Class Actions After Wal-Mart and Comcast — Practice Points for Defendants (Part I – Commonality)* - Agencies Release Guidance on HRAs, FSAs, and Employer Payment...more

Bennett Jones LLP

Canada's Supreme Court Opens the Door to Indirect Purchaser Class Actions

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On October 31, 2013, the Supreme Court of Canada released three decisions which many commentators had predicted would be the most critical antitrust class action decisions in recent memory. The Supreme Court did not...more

Orrick, Herrington & Sutcliffe LLP

Antitrust and Competition Newsletter - October 2013

Top Story - Six Months Since Comcast: What Do Recent Decisions Mean For Antitrust Practitioners? Every antitrust lawyer should be familiar with the U.S. Supreme Court’s decision in Comcast Corp. v. Behrend, 133...more

Carlton Fields

Comcast v. Behrend: Supreme Court Cuts Power To Cable-Television Customers' Class Action

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After months of anticipation, the Supreme Court finally released its decision in Comcast Corp. v. Behrend, No. 11–864. In a 5-4 decision authored by Justice Scalia, the Court reversed the certification of a 23(b)(3) class of...more

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