In this issue:
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, a trend which has become increasingly evident over the past decade.
The issue of antitrust injury in Section 8 warrants deeper judicial review from both a technical legal as well as a policy perspective because there are strong arguments on both sides of the issue.
The Court’s latest foray into the RPA is one from which RPA defendants might justifiably draw comfort when arguing that antitrust injury is absent in a price discrimination lawsuit.
From Walker Process to In re DDAVP: Should Direct Purchasers Have Antitrust Standing in Walker Process Claims?
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 to bring a Walker Process claim.
What scope remains then for damages actions brought against the Commission in merger control cases?
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)
Claimants in antitrust cases in the English Courts should not expect special treatment.