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The European Commission has published its recommendation to the UK Supreme Court on the interpretation of infringement decisions and the effect on time limits for bringing follow-on damages claims. The Commission’s guidance and the Supreme Court’s ruling are significant in clarifying that claimants need to begin proceedings as soon as possible after those cartelists’ time for bringing an appeal has been exhausted, even if other cartelists’ appeals are still ongoing. The Commission has the power to make such recommendations under –Read More–

Following a year-and-a-half of debate, class actions were finally instituted by the French Parliament on February 13, 2014 as part of a vote on a new consumer law (known as the “Hamon Law”). Having received approval by the Constitutional Council, class actions were formally incorporated into the French Consumer Code (Articles L. 423-1 et seq.) by the Consumer Law of March 17, 2014. The Hamon law lays out a three-step procedure for class actions. To read the bulletin, please click here.

On 26 March 2014, the Committee of Permanent Representatives, a group composed of representatives from the Member States, accepted amendments to the proposed competition damages Directive made by the European Parliament and the Council Presidency. These amendments are important as the aim of the Directive is to help harmonize the European competition litigation landscape, moving towards a common approach throughout the Member States. By way of background and as previously reported, the aim of the Directive is to encourage private –Read More–

In the Court of Justice of the European Union’s (CJEU) ruling on 27th February 2014 in the Gas Switchgear Cartel case, the Court reinforced the view that access to, and the use of, leniency documents for private litigation to claim compensation is not an overriding public interest. The EU Commission, as part of its role as the EU competition law regulator, operates a leniency programme where companies can whistle-blow cartels and other anti-competitive activity in return for immunity or a –Read More–

On Thursday 23 January 2014, the UK Government introduced the Consumer Rights Bill to Parliament. In a major policy shift the UK Government has committed itself to reforming the competition litigation landscape to make it easier for businesses and individuals to claim compensation against anti-competitive behaviour. The UK reforms go much further than those proposed by the EU in its draft Directive on encouraging private rights of action for breach of competition law which is currently going through the EU –Read More–

Class actions, or collective actions as they are known in Europe, have long been a mainstay of US law but have never seen EU wide adoption due to an innate European fear of unmeritorious litigation sometimes encountered in the US class action system. However, given the historically low use of these actions and competition litigation throughout Europe, the EU recently proposed a draft Directive intended to encourage competition and collective action litigation throughout European courts, albeit, one which avoids encouraging –Read More–