No Restitutionary Remedy for the Victims of the Vitamins Cartel: The Decision of the English Court of Appeal in Devenish Nutrition Ltd v Sanofi-Aventis SA (France)

This article is part of a Chronicle. See more from this Chronicle Stephen Wisking, Nov 29, 2008 The Court of Appeal’s decision makes is clear that an account of profits in a cartel case will only be available in very exceptional circumstances (for example, difficulties of proof of damages which are not the fault of […]

Antitrust Injury in Robinson-Patman Cases: What’s Left?

This article is part of a Chronicle. See more from this Chronicle Scott Martin, Nov 26, 2008 Although government challenges to alleged price discrimination under the Robinson-Patman Act (RPA) have been all but extinct for over two decades, and the RPA itself has suffered calls for repeal from various quarters and by successive generations of […]

Nov-08(2)

In this issue: Antitrust Damages   Antonio Caruso, Ewoud Sakkers, Nov 30, 2008 Liability for Aiding and Abetting in EU Competition Cases: the Court of First Instance Confirms… Issuing prohibition decisions against those who assist in setting up, supporting, or sustaining cartel activity indicates that the European Commission has intensified its strategic fight against cartels, […]

Liability for Aiding and Abetting in EU Competition Cases: the Court of First Instance Confirms

This article is part of a Chronicle. See more from this Chronicle Antonio Caruso, Ewoud Sakkers, Nov 30, 2008 On July 8, 2008, in a judgment concerning a European Commission cartel decision against the company AC Treuhand AG, the Court of First Instance of the European Communities (“CFI”) shed light on an area of anticartel […]

Charming Shoppes and the Issue of Standing under Section 8

This article is part of a Chronicle. See more from this Chronicle Nathaniel Asker, Joseph Larson, Nov 30, 2008 A recent case in the Eastern District of Pennsylvania, Charming Shoppes Inc. v. Crescendo Partners II, L.P., raises an interesting standing issue that raiders or activists in proxy contests could use to eliminate Clayton Act §8 […]

Damages Actions against the EU Institutions Following the CFI’s Judgment in My Travel v. Commission

This article is part of a Chronicle. See more from this Chronicle Alberto Martinazzi, Mario Todino, Nov 29, 2008 In this paper, the authors argue that following MyTravel, the prospects for success of damages actions based on the Commission’s noncontractual liability in merger cases are very remote. It seems unlikely that the Commission may, in […]

From Walker Process to In re DDAVP: Should Direct Purchasers Have Antitrust Standing in Walker Process Claims?

This article is part of a Chronicle. See more from this Chronicle Aidan Synnott, Nov 29, 2008 In In re: DDAVP Direct Purchaser Antitrust Litigation, decided in 2006, the district court held that direct purchasers of a product from a monopolist which secured its monopoly by fraud on the Patent Office do not have standing […]