On February 16, 2018, the UK Court of Appeal adopted its much awaited ruling in the iiyama case. Taking stock of the Court of Justice (CoJ) ruling in Intel last year, the Court of Appeal allows plaintiffs in civil cartel damages actions to advance claims based on overcharges incurred by their supply chain operations outside of the European Union (EU), provided that such overcharges ultimately hit their finished goods sales within the EU.

This is perhaps an inevitable proposition, which will probably send shock waves way beyond the Channel. While this judgment does not bind the European Courts, this UK precedent will inspire other national courts across the EU. In addition, following Intel, the European Commission (EC) is most likely emboldened to prosecute non-EU based cartels affecting upstream activities with an indirect effect on sales of finished goods in the EU.

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Find more interesting content in our Antitrust News & Briefs on the Steptoe website, where we provide you with more in-depth analyses on current antitrust & competition developments in the EU and the US. See below for some of our most recent publications.


Intel: ‘A Whole New World’

The European Court of Justice just came back to business with a bang. On September 6, 2017, it finally unveiled its long-awaited judgment in the Intel exclusivity rebates case. Click here to read more.


AG Wahl Delivers Opinion in the Coty Case

On July 26, AG Wahl delivered his opinion in the Coty case, addressing the legality of contractual third party platforms bans. Click here to read more.


Online Distribution: Are You Ready?

Following the conclusion of the e-commerce sector inquiry in May 2017, the European Commission has aggressively opened probes into online restrictions imposed by suppliers of branded goods and services. Click here to read more.