Specialists in providing expert economic evidence in antitrust, competition damages and collective actions
In the Which? v Apple collective proceedings, the proposed class representative (PCR) sought to recover aggregate damages for the foregone consumer surplus (FCS) of the ‘Non-Purchasers of iCloud services’. Yes, compensation for those who did not buy Apple’s iCloud services. The Competition Appeal Tribunal (CAT) allowed FCS to be pleaded to trial in the face of a muscular dissent by the Tribunal’s Chair. This Casenote examines the ins and outs of damages for FCS.
The Amsterdam District Court rejected Shell’s (ECLI:NL:RBAMS:2026:7690) and Repsol’s (ECLI:NL:RBAMS:2026:7691) circa €1b follow-on damage claim against the four members of the ethylene buyers’ cartel (Press Release). The judgments found that the Claimants’ econometric and other evidence was implausible and unreliable, and that Shell’s ‘enormous’ loss was generated by its expert’s inappropriate comparison with prices in Asian markets. Cento Veljanovski together with Carina Lange, gave evidence in the defence of Vestolit/Orbia instructed by Mark Gidley and Mark Powell of White & Case, working with Rick Cornelison’s team at Houthoff. Further details Here.