In this issue:
Devenish v. Sanofi-Aventis
In Devenish and others v Sanofi-Aventis and others, the English High Court recently held that exemplary damages are not available to claimants bringing actions against cartelists that have already been fined by the European Commission, even if their fine has been commuted due to an immunity or leniency application. Compensatory damages remain available and are the appropriate remedy.
Private Antitrust Actions in Europe
On December 19, 2005 the European Commission published for public consultation a Green Paper on Damages Actions for Breach of EC Antitrust Rules.The stated aim was to design a more efficient system for bringing private damages actions for infringement of EC antitrust law.
The Whole Foods-Wild Oats Acquisition
A little over two months ago, the U.S. Federal Trade Commission’s (FTC) challenge of the acquisition by natural and organic foods retailer Whole Foods of its rival Wild Oats seemed all but dead in the water. of the Whole Foods-Wild Oats merger.