By Aaron M. Panner & Rachel P. May – Tyson Foods was a recent “donning and doffing” case at the U.S. Supreme Court involving whether an employer had failed to compensate employees for time spent putting on and taking off protective gear. The case presented questions of potentially enormous importance for class-action litigation generally as […]
By Karin E. Garvey – Access to the courts is necessary to seek redress for anticompetitive activity, but the costs of litigation can deter victims of anticompetitive conduct from filing suits, particularly where individual claims are small and the procedural tool of collective actions is not available. Additionally, access to evidence is necessary to prove […]
By Dean Hansell and William L. Monts III No longer are antitrust damages class actions routinely certified with little factual inquiry, forcing defendants into settlements of potentially marginal claims. Rather, the courts focus extensively now on whether named plaintiffs can prove injury to class members on the entire class before permitting cases to proceed on […]
By Sebastian Peyer In 2015, the U.K. government introduced opt-out group actions for claims based on breaches of competition law. The Consumer Rights Act 2015 sets out the details of the new class action regime and also introduces the opportunity for undertakings to set up a voluntary consumer redress scheme. These legal innovations in one […]
By Pranav Mehra and Ritam Arora Indian companies face enormous challenges to effectively apply and obtain restitution for damages from antitrust violations. In addition to the common problems that other jurisdictions share such as access to documents or quantification of the damage, institutional and jurisdictional controversies may jeopardize claimants’ efforts to obtain compensation.
Private Damages and Collective Redress in the EU — where do we stand a year after the introduction of the EU Damages Directive?
By Pontus Lindfelt & Sophie Sahlin The EU Member States now have a bit less than a year left to implement the Damages Directive. In some jurisdictions, the implementation of the Directive will require significant amendments to the current regimes. For instance, the presumption that a cartel infringement causes harm is a novelty in many […]
By Nicolás Lewin and Francisco Borquez The Chilean damages actions originated in competition infractions are emerging in Chile. Yet, there are some amendments and corrections that are needed for the perfection of the system. For instance, those related to the passing on defense and indirect purchasers.
This article is part of a Chronicle. See more from this Chronicle Tal Eyal-Boger, Ziv Schwartz, Apr 14, 2015 In recent years a growing trend has emerged in Israel: more and more motions to certify class actions based on alleged global cartels are being filed with the Israeli District Courts. The typical petitioners in these […]
Collective Redress and the EU Directive on Actions for Antitrust Damages on Parallel Paths—Where Are We Now?
This article is part of a Chronicle. See more from this Chronicle Ann Marie Galvin, Feb 25, 2015 Private enforcement has come a long distance since the European Commission (“the Commission”) began its assessment of how to support and encourage damages actions over ten years ago. The question of whether European consumers have access to […]
Class Actions Against Infringements of EU Competition Law: A One-Way Road Towards Effective Private Enforcement?
This article is part of a Chronicle. See more from this Chronicle Lia Vitzilaiou, George Zohios, Feb 25, 2015 Class actions are a controversial issue, since they have attracted both criticism and praise. It is fair to say that so far there is no consensus among academics or practitioners about the virtue or vice of […]