On 18 August 2021, the CAT certified its first follow-on class action under the UK’s collective action regime. Walter Merricks’ application for certification was initially refused in 2017. But following appeals up to the Supreme Court, the CAT reconsidered his application in light of the now-established criteria for certification, as clarified by the Supreme Court in its 11 December 2020 judgment.[1] This article sets out the background to the CAT’s decision on remittal, summarises the CAT’s main findings, and provides observations on possible implications.
Application To Bring Collective Damages Action Against Govia Thameslink for Abuse of Dominance on the London-Brighton Mainline
On 27 July 2021, the CAT published an application for a collective proceedings order to commence standalone proceedings on an
The Court of Naples Awards First Ever Antitrust Damages in a Follow-on Claim Stemming From the EU “Trucks” Case, Quantifying the Damages on Equitable Principles
On July 6, 2021, the Court of Naples upheld a claim for damages filed by a logistics company (the “Applicant”) against one truck manufacturing company (the “Defendant”) in connection with the purchase of a truck falling within the scope of a European Commission decision of July 2016 (the “2016 Decision”).[1] The 2016 Decision established that the Defendant and four other truck manufacturers colluded for 14 years on truck pricing and on passing on the costs of compliance with emission rules.[2] While several similar claims are currently pending in Italy, this is the first known case in which a court awarded damages.
The Milan Court of Appeal Declares Inadmissible as Manifestly Unfounded an Appeal Against a Judgment by the Court of Milan That Dismissed a Follow-on Damages Action Brought Against the Italian Electronic Communications Sector’s Incumbent
On June 7, 2021,[1] the Milan Court of Appeal (the “Court of Appeal”) declared inadmissible an appeal brought by Irideos S.p.A. (“Irideos”; formerly, Enter S.r.l., “Enter”) against a Court of Milan judgment that had entirely dismissed a follow-on damages action against Telecom Italia S.p.A. (“TIM”) for alleged abuse of dominance in the provision of wholesale access services[2] found by the Italian Competition Authority (the “ICA”) in 2013, on the ground that the appeal did not have a reasonable chance of being upheld, pursuant to Articles 348-bis and ter of the Italian Code of Civil Procedure (the “CCP”).
Westover Ltd v Mastercard Inc.
On 7 June 2021, the CAT ruled on the preliminary issue of whether English or Italian law governs claims made by claimant companies incorporated in Italy (the Italian Claimants). The broader claim relates to an Article 101 TFEU infringement decision concerning default multilateral interchange fees (MIFs) set by Mastercard and Visa.
OTC Computers Limited (In Liquidation) v Infineon Technologies AG and Micron Europe Limited
On 14 April 2021, the Court of Appeal dismissed an appeal by Infineon and Micron against a High Court judgment
Rome Court of Appeal Dismisses Appeal on a Follow-on Action for Damages and Orders the Incumbent in the Italian Electronic Communications Sector To Pay Approximately €5 Million in Damages
On April 13, 2021, the Rome Court of Appeal rejected the appeal brought by Telecom Italia S.p.A. (“TIM”) against a judgment of the Court of Rome in a follow-on action for damages.[1] The Court of Rome had ordered TIM to pay COMM 3000 S.p.A. (formerly KPNQwest S.p.A., “COMM 3000”) approximately €8 million in damages for alleged abuse of dominant position in the market for the provision of wholesale access services. The ICA had imposed a fine for the alleged abuse in 2013.[2]
Consumer’ Association v Qualcomm Incorporated
On 18 March 2020, the CAT published an application by the UK Consumers’ Association (Which?) to commence collective
Paccar Inc. and Others v Road Haulage Association and Others
On 5 March 2021, the Court of Appeal rejected an appeal by truck manufacturers in Paccar Inc. and others v Road Haulage Association and others against the Competition Appeal Tribunal (CAT)’s preliminary ruling of 18 October 2019. The preliminary ruling concerned the funding arrangements of two related applications by UK Trucks Claim Ltd and the Road Haulage Association for collective proceeding orders on behalf of trucks purchasers.
Dortmund Regional Court Aligns Principles for Jurisdiction With EU Law
On February 10, 2021, the Dortmund Regional Court set out principles for determining jurisdiction, specifically in competition damages litigation.[1]