New Israeli bill looks to enhance private enforcement

IAA
Israel’s Antitrust Authority has proposed amendments to the country’s antitrust law that will broaden its powers and help boost private enforcement.

Class actions coming to Korea

GCR Live: Law Leaders Asia Pacific
New legislation has been proposed in Korea to open the door to private antitrust damages lawsuits, a Fair Trade Commission official announced today. Faaez Samadi in Singapore

Almunia: ball rolling on Pfleiderer law within "months"

Almunia said DG Comp handled Ryanair/Aer Lingus fairly
Joaquín Almunia says he will draft legislation to address the contrast between public and private enforcement in the next months, while warning telecoms companies against national mergers.

EU Advocate General refuses to clarify Pfleiderer issues

The European Court of Justice
In a case before the European Court of Justice that builds on issues raised by Pfleiderer, Niilo Jääskinen, one of the court’s advocate generals, has confirmed that national courts must decide whether leniency documents can be disclosed.

Victim compensation no excuse for fine cut, says de Smijter

Eddy de Smijter, deputy head of DG Comp’s private enforcement unit, has defended the European Commission’s decision not to consider the awarding of compensation to victims of antitrust violations as a mitigating circumstance when calculating fines. Stefano Berra in Brussels

Second Circuit backs dismissal of air cargo antitrust claims

Asiana Airlines is a named defendant
The US Second Circuit Court of Appeals has backed a lower court ruling that price-fixing claims filed by indirect purchasers of air cargo services were “expressly pre-empted” by the Federal Aviation Act, which shields airlines from state laws.

Italy proposes litigation shield for whistle-blowers

Giovanni Pitruzzella, president of the authority
Italy’s Antitrust Authority has asked the country’s government to grant leniency applicants full immunity from criminal actions and partial immunity from follow-on claims for damages.

Finland’s record damages lawsuit gets under way

Helsinki District Court
Finland’s largest ever damages claim trial for a competition infringement has started, as the country’s government and several municipalities demand €120 million in compensation from an asphalt cartel.

EU official calls for legislation to address Pfleiderer

Eddy de Smijter
A European Commission official in charge of private enforcement has criticised the EU Court of Justice’s Pfleiderer ruling for introducing “unpredictability” to the commission’s enforcement programme and urged the EU parliament to settle the matter with new legislation. Stefano Berra in Florence.

Google defeats private lawsuit in Brazil

Buscape logo
A Brazilian court has dismissed antitrust claims against search leader Google after finding that there is extensive competition in the online search market, and that its power in the market cannot be “mistaken for a monopoly”.

Canadian air cargo case on hold until Supreme Court decision

Air Canada
A Canadian court has agreed to pause the private prosecution of airlines allegedly involved in a scheme to fix surcharges for air cargo transportation while waiting for the country’s Supreme Court to resolve questions about who can sue for antitrust damages.

German court denies access to leniency papers

Alexander Rinne
A German appellate court has refused to disclose a leniency application to potential claimants for follow-on damages in a coffee cartel case, confirming a lower court’s approach to the Pfleiderer ruling.

Court trims antitrust suit against Express Scripts/Medco

Private plaintiffs are attempting to break up Express Scripts/Medco
Lawyers defending a closed merger between pharmacy rivals Express Scripts and Medco Health Solutions have won their attempt to dismiss most of a private antitrust lawsuit against the deal, but must still face claims that the deal may harm the market for some specialised drugs.

Drug makers duck price fixing claims in California

Nicole Dogwill, counsel to Abbott
A California state appeals court has agreed that allegations of a price-fixing conspiracy among the largest drug makers in the US have no merit, siding with a lower court’s decision to end an antitrust case against the companies.

CAT overruled on time limits for damage claims

Deutsche Bahn and others are suing Morgan Crucible
The Court of Appeal of England & Wales has overturned a Competition Appeal Tribunal (CAT) decision that limited the timespan for private plaintiffs to bring follow-on claims against a participant in the graphite cartel.

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