The CJEU rules on the application of jurisdiction clauses in action for antitrust damages

In case Apple Sales International et al. v. MJA (acting as liquidator of eBizcuss.com) (C-595/17), the Court of Justice of the European Union (“CJEU”) has recently affirmed that a jurisdiction clause is applicable to an action for damages brought by a distributor against its supplier for antitrust damages, despite it does not expressly refer to disputes…

THE COURT OF APPEAL OF PARIS REVERSES THE GOOGLE JUDGMENT IN THE MAP PLUGIN SECTOR

On 25 November 2015, the Court of Appeal of Paris allowed the appeal of Google against a first instance decision granting damages to Evermaps for abuse of dominant position of Google. The two companies are direct competitors in the online map sector, as both companies offer a mapping service that allows users to embed a…

THE EUROPEAN COURT OF JUSTICE DECIDES THE HUAWEI CASE ON STANDARD ESSENTIAL PATENTS

The European Court of Justice delivered, on 16 July, its judgment on the preliminary ruling regarding the Huawei case, stating that an action brought by an undertaking in dominant position, seeking injunction and compensation against an alleged infringer of a SEP, not necessarily infringes Article 102 TFEU. Huawei Technologies Co. Ltd (‘Huawei’) owns – inter…

NATIONAL COURTS’ INVESTIGATIVE POWERS AND BURDEN OF PROOF: THE ITALIAN COURT OF CASSATION REINTERPRETS NATIONAL PROCEDURAL LAWS ON THE BASIS OF THE DIRECTIVE 104/2014

The burden of proof falling on the claimant in competition damages actions, especially if stand-alone type, is notoriously fraught with difficulty. As a consequence, if the national judge interprets the domestic procedural laws in a strict and formalistic manner, this may render the burden not just difficult but nearly close to impossible. The Italian Court…

A PRESUMPTION OF CONFIDENTIALITY: THE GENERAL COURT ADDS NEW RESTRICTIONS TO THE ACCESS TO DOCUMENTATION OF PROCEEDINGS

With a recent judgment in the case T-623/13, the General Court ratified the presumption used by the European Commission for which documents exchanged between the Commission and a national competition authority in proceedings concerning an infringement of the competition rules may harm the commercial interest of the undertakings involved and therefore are not, in principle,…

SÜDZUCKER FACES DAMAGES ACTIONS FOLLOWING THE GERMAN SUGAR CARTEL DECISION

Vivil, a German producer of cough drops and vitamin sweets, sued Südzucker, Europe’s largest sugar refiner, for compensation of damages caused by the German ‘sugar cartel’. The defendant participated, together with Nordzucker and Pfeifer, to anticompetitive agreements on sales areas, quotas and prices. The infringements involved the sale of sugar for the processing industry (so-called industrial…

THE COMPETITION AND MARKETS AUTHORITY (CMA) CONSULTS ON REDRESS IN COMPETITION CASES

The CMA has opened a consultation on draft guidance on its power to approve redress schemes offered in competition cases. This is due to the new Consumer Rights Act 2015 expected to come into force in October 2015, that will give parties to competition investigations who have breached the law the power to submit a…