Follow-On Civil Litigation

Articles - Par un arrêt du 12 juin 2019, la Cour de Justice de l’Union européenne a considéré qu’un arrêté bruxellois qui fixe une zone spéciale de conservation (Natura 2000) est bien un plan ou un programme, mais qui n’est pas nécessairement soumis à une évaluation des incidences sur l’environnement. Au détour de cet arrêt, elle a confirmé certains enseignements de sa jurisprudence antérieure.

Short Reads - The General Court recently confirmed the high degree of discretion enjoyed by the European Commission in the context of merger control decisions, particularly with respect to assessments of an economic nature.

Short Reads - Dutch courts are forcing claimants (including claims vehicles) to be well-prepared before initiating follow-on actions. The Amsterdam District Court in the Dutch trucks cartel follow-on proceedings recently ruled that claimants – specifically CDC, STCC, Chapelton, K&D c.s. and STEF c.s. – had insufficiently substantiated their claims.

Short Reads - The General Court (GC) recently rejected Qualcomm's appeal against a Commission decision requesting information. The Commission's request was presented to the company after the issuance of a statement of objections.

Short Reads - Steel producer Lucchini's claim for reimbursement of a EUR 14 million fine, on the basis that the decision was annulled on appeal from other parties, was recently rejected by the General Court.

Short Reads - Dominant companies beware of hindering cross-border sales between resellers through, for instance, labelling or packaging measures to make your products less attractive for import.

Short Reads - The Rotterdam District Court recently used the European Commission's cartel decision in the elevators case as a point of reference to determine the scope and effects of the cartel in follow-on damages proceedings brought against several elevator manufacturers.

Short Reads - The European Commission recently published a report it had commissioned to examine the market dynamics and potential antitrust risks related to loan syndication. The report serves as guidance to the financial industry by identifying aspects of the market and syndication process which may raise competition concerns.