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Competition Litigation

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The expansion of opt-out class actions in the UK continues with certification of claims aimed at recovering for alleged systemic abuses of dominance across the south east and west rail networks. The judgment reinforces that certification will be viewed as only a first step in class litigation in the UK – as opposed to the immediate precursor to settlement that it can signify in the US and Canada – and reinforces the likelihood that claimant…

In a judgment handed down this week by its Grand Chamber, the European Court of Justice (“ECJ”) decided that, under certain circumstances, a subsidiary can be held liable for cartel activity engaged by its parent company. This judgment has potentially far-reaching consequences and may give an additional impetus to private damages litigation. Background On 24 October 2019, Sumal (an alleged victim of the Trucks cartel) brought a claim for damages in follow-on litigation in front of…

A recent judgment by the German Federal Court of Justice paves the way for forum shopping in abuse of dominance cases[1]. Following the European Court of Justice’s Wikingerhof decision, the Federal Court of Justice has clarified that tort jurisdiction may apply even if the conduct in dispute is covered by contractual provisions. In addition, the Federal Court of Justice has confirmed the restrictive interpretation of generic choice-of-forum clauses of the sort that is often found…

A few weeks ago, the Regional Court of Hanover dismissed a cartel damage lawsuit by a claims vehicle for lack of legal standing[1]. The judgment deserves scrutiny, as it confirms a trend among German courts to dismiss bundled claims on this basis[2]. 1. The incentive for bundling claims German law knows no class actions, and no specific means of collective redress that would provide cartel victims with payment titles. Therefore, cartel victims sometimes bundle their…

The Year Ahead – our publication looking at key developments in global litigation and arbitration for 2021 – is now available in English, Spanish and Mandarin. COVID-19 and its effects have triggered many disputes, with litigation volumes in some jurisdictions having already doubled, and our clients expect us to help them spot trends and plan for the future. Our report features economic analysis from The Economist Intelligence Unit, and legal analysis from our team of more than…

The UK Supreme Court gave its judgment in Mastercard Incorporated and others (Appellants) v Walter Hugh Merricks CBE (Respondent) [UKSC 2019/0118] on 11 December 2020. It confirmed the decision made by the Court of Appeal that a representative applying for certification of a class must show that they have a method with a realistic prospect of assessing loss across the whole class and that the data required to apply that methodology is likely to be…

The UK Supreme Court gave its judgment in Mastercard Incorporated and others (Appellants) v Walter Hugh Merricks CBE (Respondent) [UKSC 2019/0118] on 11 December 2020. It confirmed the decision made by the Court of Appeal that a representative applying for certification of a class must show that they have a method with a realistic prospect of assessing loss across the whole class and that the data required to apply that methodology is likely to be…

Join Baker McKenzie for a webinar on “Looking Ahead: Class Actions and Consumer Claims in 2021” to be held on Thursday, 14 January 2021 at 14:00 UK / 15:00 CET. The rapid expansion of class actions outside of the US has brought new risks for global multinationals and a renewed need to consider strategies when defending against claims across jurisdictions. A panel of international specialists from Baker McKenzie, along with our guest speaker, Andrew Hildreth, Senior Managing Director…

On 24 November, the European Parliament approved the final text of the EU Representative Actions Directive. The approved directive will enter into force 20 days after its publication in the EU’s Official Journal. Member States will then have 24 months to transpose the directive into national law and an extra six months in which to implement it. The new rules will apply to representative actions brought on or after its date of application. Although Member…

The Supreme Court of Canada has authorized a Quebec class action against an investment fund dealer and investment fund manager. The class members are customers who allege they were insufficiently informed about the risk profile of two investment products. See Desjardins Financial Services Firm Inc. v Asselin, 2020 SCC 30. The decision to authorize the class action does not confirm the merits of the allegations. The Supreme Court reaffirmed that “the threshold for authorizing a…