Searching Content indexed under Litigation, Mediation & Arbitration by Martin Favart ordered by Published Date Descending.
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Court Of Appeal Overturns CAT In Landmark Collective Action Against Mastercard
On 16 April 2019, the UK Court of Appeal ruled that the Competition Appeal Tribunal ("CAT") had incorrectly refused to certify a major collective action brought against Mastercard.
23 May 2019
General Court Dismisses Qualcomm's Appeal Against Commission's Late Request For Information
On 9 April 2019, the General Court dismissed the appeal lodged by Qualcomm against the Commission's decision of 31 March 2017 requesting information in the context of an investigation against Qualcomm ...
European Union
23 May 2019
The Hague Court Of Appeal Rules On Lawfulness Of Dawn Raids
It upheld the ruling by the District Court of The Hague of 10 October 2018.
15 May 2019
Court Of Justice Of European Union Sets Aside General Court Judgments Granting Damages For Excessively Long Judicial Proceedings
On 13 December 2018, the Court of Justice of the European Union delivered three judgments on separate appeals brought against judgments of the General Court by Gascogne Sack Deutschland ("Gascogne"), Kendrion and Plasticos Españoles ...
European Union
25 Feb 2019
ECJ Confirms Validity Of Broadly-Worded Jurisdiction Clauses In Article 102 Damages Actions
On 24 October 2018, the Court of Justice of the European Union issued a judgment concerning the interpretation of Article 23 of Council Regulation No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement ...
European Union
28 Nov 2018
EFTA Court Judgment On Limitation Period For Damages Claims
The EFTA Court found that the principle of equivalence dictates that national procedural law must remain neutral in relation to the origin of the rights invoked.
European Union
7 Nov 2018
Belgian Supreme Court Confirms That Joint Lobbying Activities Do Not Constitute Restriction Of Competition
On 22 June 2018, the Belgian Supreme Court confirmed an earlier judgment of the Brussels Court of Appeal annulling a decision of the Belgian Competition Authority that imposed a fine on a group of cement companies ...
30 Sep 2018
General Court Rules On Commission Dawn Raids And Legal Professional Privilege
They therefore requested that the investigations in relation to Alcogroup should be suspended. In its reply of 8 May 2015, the Commission rejected this request.
European Union
22 May 2018
European Commission Intervenes In Belgian Bpost Case To Suggest A Preliminary Reference
The BCA filed a further appeal against this latter judgment before the Belgian Supreme Court.
European Union
4 Oct 2017
United Kingdom- CAT Dismisses Second Ever UK Consumer Class Action Against Mastercard At Preliminary Stage
On 21 July 2017, the UK's Competition Appeal Tribunal ("CAT") dismissed an application for certification of the second ‘opt-out' collective proceedings to be brought in the UK.
European Union
13 Sep 2017
Brussels Court Of Appeal Confirms Decision Of Belgian Competition Authority Rejecting Allegedly Abusive Character Of Bosteels Acquisition By AB InBev
On 28 June 2017, the Brussels Court of Appeal confirmed the decision of the BCA which had rejected the interim measures Brouwerijen Alken-Maes NV requested against the acquisition of Brouwerij Bosteels...
European Union
10 Aug 2017
General Court Orders EU To Pay Damages For Excessively Long Court Proceedings In Flat Glass Cartel Case
On 7 June 2017, the General Court delivered a judgment in relation to an action claiming damages for excessive duration of judicial proceedings and for an infringement of the principle of equal treatment...
European Union
9 Aug 2017
Irish Supreme Court Confirms Unlawfulness Of Electronic Search During Dawn Raid
The case is noteworthy as it strongly criticises the method by which the CCPC conducted its competition law investigation using electronic dawn raids.
European Union
21 Jun 2017
French Supreme Court Annulled A Dawn Raid After The Targeted Company Was Prevented From Calling Its External Counsel
The lawyers arrived at Samsung Electronics' premises only several hours later.
European Union
21 Jun 2017
The Netherlands - Dutch Court Dismisses ABB's Passing-On Defence In Private Enforcement Litigation
. According to ABB, the magnitude of the overcharge was to be determined by comparing ABB's profit margins for GIS during its participation in the cartel and thereafter.
European Union
17 May 2017
EU General Court Orders EU To Pay Damages For Excessively Long Court Proceedings For First Time
On 10 January 2017, the General Court ("GC") issued a judgment in which it ordered the European Union to pay Gascogne and Gascogne Sack Deutschland ("Gascogne") a total of about € 57,000 in damages . . .
European Union
27 Feb 2017
Competition Fine Against bpost Annulled On "Double Jeopardy" Grounds
This was not the first time bpost had been fined in relation to this rebate scheme.
9 Feb 2017
European Commission Publishes Study On The Passing-On Of Overcharges
A DG Comp public consultation is anticipated on the draft Guidelines.
European Union
18 Nov 2016
Joint Lobbying Activities Do Not Constitute Anticompetitive Concerted Practices Says Brussels Court Of Appeal
The Brussels Court of Appeal (Hof van beroep te Brussel / Cour d'appel de Bruxelles) overturned a 2013 decision of the Belgian Competition Authority fining cement companies involved in an alleged cartel.
20 Sep 2016
EU Cartel And Horizontal Developments Over The Summer
In the following sections, we provide first a factual overview of the significant case developments at EU level, and thereafter a detailed analysis of important substantive or procedural developments addressed in these cases.
European Union
7 Sep 2016
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