Read this Q&A for valuable insights from our lawyers about actions in Colombia
for breach of competition law, specialist courts, jurisdictional factors, interim and final remedies, evidence, settlements, appeals and other issues.
Antitrust litigation has grown enormously in volume — 10 years ago it was still relatively uncommon to sue
for breach of competition law, whereas today it is routine, even if many detailed legal issues remain in contention.
The CAT observed that the experts» oral evidence in response to questions from the Tribunal was «considerably more sophisticated and nuanced than that set out, rather briefly, in their Experts» Report» (§ 76), but it still could not be satisfied that the damages sought would broadly reflect «the governing principle of damages
for breach of competition law», that is, «restoration of the claimants to the position they would have been in but for the breach» (§ 88).
One of the critical obstacles identified for companies seeking to bring a claim
for breach of competition law rules was the unavailability of funding.
Seven of the accused parties quickly reached an agreement with the OFT that saw them accept liability in principle
for a breach of competition law and pay fines totaling # 160m.
Not exact matches
Changes to
competition laws (milk wars discussion and recommendations relating to MMP (introduce effects test), predatory pricing (recommend Minister direct ACCC to investigate Coles
for breach of s 46 relating to predatory pricing), unconscionable conduct (suggest it be defined), statutory duty
of good faith, unfair contract terms (seeks «recognition
of the competitive disadvantage faced by farmers» and extension
of unfair contract terms protection to small business), collective bargaining (seeks relaxation
of public interest test
for boycott approvals in agriculture markets, increase «ability
for peak bodies to commence and progress collective bargaining and boycott applications» on behalf
of members - and further dairy specific recommendations, ACCC divestiture power (wants ACCC to have similar divestiture powers to Comp Commission in UK - «simpler process
of divestiture», ACCC monitoring powers (wants Minister to direct ACCC to use price monitoring powers to «monitor prices, costs and profits relating to the supply
of drinking milk») and mandatory code
of conduct (wants mandatory code and «Ombudsman with teeth to ensure compliance»)-RRB-.
In November, GDI reported that the UK
Competition and Markets Authority (CMA) had opened an investigation into an (unnamed) online dating agency
for suspected
breaches of consumer protection
law.
During pupillage, Zac gained extensive experience on leading
competition cases, including Sky v Ofcom [2015] CAT 9 (assisting David Scannell) and Speed Medical Examination Services v Secretary
of State
for Justice [2015] EWHC 3585, a judicial review challenging reforms to the process
for handling soft tissue whiplash claims on the basis (inter alia) that they gave rise to
breaches of competition law (assisting Gerard Rothschild).
In Case C - 170 / 13 Huawei Technologies Co. Ltd v ZTE Corp & ZTE Deutschland GmbH, (Judgment
of the 5th Chamber, CJEU, 16 July 2015) the CJEU was asked to rule
for the first time on whether seeking an injunction and other associated remedies by the owner
of a Standard Essential Patent (SEP) against a company in
breach of the patent (but one willing to become a licensee) can amount to an abuse
of a dominant position in
breach of EU
competition law (Article 102 TFEU).
Tuckers Solicitors specialist Regulatory
Law Department houses the UK's leading lawyers dedicated to the practice
of Regulatory Proceedings, providing expert legal advice and representation to clients facing prosecution
for offences which fall within
breach of the
Competition Act 1998.
He has prosecuted and defended cases involving claims
for breach of contract,
breach of fiduciary duty, trademark infringement, copyright infringement, unfair
competition, securities and common
law fraud, and other business related torts.
Representing PepsiCo, Inc. and Bottling Group, LLC in the United States District Court
for the Southern District
of Iowa, in litigation alleging claims under the Sherman Antitrust Act, the Robinson Patman Act, the Lanham Act and Iowa
competition law, and
for tortious interference,
breach of fiduciary duty, business defamation and, on behalf
of a putative class,
breach of contract.
David has acted
for clients in a wide range
of disputes, including shareholder and partnership disputes, securities litigation, class action defence, proceedings under the
Competition Act, employment
law disputes, contract disputes,
breach of confidence / intellectual property disputes, fidelity bond claims, and professional negligence claims.
Arkin v Borchard and ors [2003] 2 Lloyd's Rep 225; [2004] 1 Lloyd's Rep 88, 636, [2005] EWCA Civ 655: Commercial Court litigation raising important
competition law issues in the context
of the activities
of two liner shipping conferences; claim
for damages based on alleged
breaches of Articles 81 and 82
of the EC Treaty.
Under section 36
of the Act, the potential remedies
for a successful
competition law private action are the actual damages (i.e., compensatory damages) proven as a result
of the criminal violation (or
breach of a Tribunal or court order).
In the past, the majority
of competition law private actions have been commenced
for alleged
breaches of the criminal conspiracy or criminal misleading advertising provisions (e.g., in relation to alleged price - fixing conspiracies, misleading representations in relation to the sale
of products or on occasion misleading claims in relation to wider business or investment opportunities).
As
breach of competition and antitrust
law has become a serious and potentially catastrophic issue
for businesses
of all shapes and sizes, so MI has built a substantial global network
of experts on standby to act at any time.
effective and available redress
for consumers and small businesses who have been affected by a
breach of competition law;
Controversially, the Commission has even suggested a «double damages» rule — not dissimilar to the treble damages awarded
for breaches of US
competition laws.
It published the Green Paper on Damages Action
for Breach of the EC Antitrust Rules in December 2005 and more recently (April 2006) the OFT has also published a discussion document, Private Actions in
Competition Law: Effective Redress
for Consumers and Business, on how to achieve the same aim in the UK.