Category

Competition Litigation

Category

China has launched a new class action mechanism to crack down on corporate malfeasance in the securities market. Although legal actions by individual investors were possible previously, this was often difficult and costly. Under the new mechanism, the China Securities Investor Services Centre, a Chinese government-affiliated body, can sue on behalf of no fewer than 50 investors in a company, on an opt-in basis. The finding by a court or a regulator that a company…

For many hundreds of years since old English common law, a public nuisance cause of action allowed the government to stop, quite literally, a public nuisance that threatened the welfare of a community. The most common public nuisance cause of action involved real property—for example, pollution of the air, water, or land. But public nuisance causes of action also have involved other threats to the welfare of a community, such as storing fireworks or explosives,…

1. Summary of the proposed bill Brazil’s House of Representatives currently discusses Bill No. 11,275/2018, introducing new rules for private cartel damage claims. The proposal aims to update the Brazilian Antitrust Law by encouraging follow-on cartel damage claims in a way that does not jeopardize incentives for settlements and leniency applications with the Brazilian antitrust authority (CADE). The main changes proposed are the following: Double damages liability for cartel participants, except for companies that apply…

In Godfrey v Pioneer, 2019 SCC 42 (“Godfrey“), the Supreme Court of Canada has lowered the bar for certifying price-fixing class actions brought under the federal Competition Act, while also allowing new categories of claimants to participate as class members. The decision arose from a class action filed in British Columbia against a group of 42 foreign companies who manufactured optical disc drives and related products. The plaintiff alleged that the defendants conspired to fix…

UPDATE: The European Commission published the agreed text of the directive on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC here. We will publish an analysis of the text in due course and hold a webinar on the implications of this reform later in the year. Please do let us know if you would like to brainstorm the opportunities and implications for your business. An updated (and reportedly…

Although the imposition of fines is a significant – and, perhaps, the most obvious – risk for parties involved in a competition law violation, it is not the only risk associated therewith. Even if no fine – or a fine of EUR 0 – is imposed on a party, it may still wish to bring actions against the infringement decision to mitigate other potentially adverse consequences. The Dutch Trade and Industry Appeals Tribunal (College van…

Following the European Commission’s decision in February 2018 to fine shipping companies EUR 395 million, consumer rights champion Mark McLaren has launched a class action in the UK Competition Appeal Tribunal (the “Tribunal”).[1] The European Commission found that maritime car carriers fixed prices, rigged bids and allocated the market for roll-on, roll-off (“RoRo”) transport of vehicles. Estimated to be worth £150 million, the follow-on class action is brought on behalf of all persons who purchased…

On March 13, 2020, the President of the Republic of Chile submitted to the Congress a bill to increase criminal sanctions to cartels, and to provide the Fiscalía Nacional Económica (FNE), the Chilean Competition Authority, with new techniques for their investigations. If this bill is approved, will it open a new stage to cartel enforcement in the country? Background On October 18 2019, a social unrest began in Chile. Millions of Chileans took to the…

On 4 March 2020, the UK Competition Appeal Tribunal (the “Tribunal”) handed down a significant judgment in the UK’s follow-on Trucks cartel litigation, in which it determined those parts of the European Commission (“Commission”) settlement decision that are binding in establishing liability.[1] The Tribunal also considered whether it can be an ‘abuse of process'[2] for defendants to contest facts previously admitted in their settlement with the Commission. Which parts of the Commission decision are binding?…

1. Summary of English case law The most recent English case to consider the application of choice-of-forum clauses in commercial contracts to cartel damage claims was Microsoft Mobile OY (Ltd) v Sony Europe Limited [2017] EWHC 374 (Ch). This case centred on a cartel damages claim brought by Microsoft against Sony with regard to contracts for the sale of lithium-ion batteries. The supply contract contained an arbitration clause and, importantly for this decision, the agreement also…