At first glance, not a stone seems to be left standing. The new sec. 33h ARC hardly bears any resemblance with the old sec. 33 para. 5 ARC, the to date only special limitation rule applicable to cartel damages claims in the ARC. What appears tremendous – the new sec. 33h ARC comprises eight paragraphs in total – proves also on closer consideration quite far-reaching – even though perhaps not quite as far-reaching as the multiplication of the number of paragraphs by eight may suggest. The extension of the provision text is to a large extent due to the fact that a comprehensive special limitation regime for cartel (damages) claims has been introduced into the ARC which, while primarily meant to transpose the special requirements stemming from the cartel damages directive 2014/104/EU into national law, largely reconstructs the general limitation rules as contained in the German Civil Code previously applicable to cartel (damages) claims. In that regard, the German legislator aimed at attaining consistency with the general limitation rules, and quite successfully at that. As a result, the differences are in many ways hidden in the details – which by no means is to say that they weren’t fundamental. Apart from that, the newly introduced sec. 33h ARC brings some real novelties. One thing, however, is common to (almost) all changes: they strengthen private enforcement by cartel victims.
In a long awaited decision, the 11th Circuit Court of Appeals held that affiliates of Public Warehousing Company, K.S.C. (PW), which was indicted for fraud, may be suspended for periods in excess of 18 months even though they were not charged or otherwise implicated in the misconduct. Agility Defense & Government Services v. U.S. Dept.
On November 26, the Food and Drug Administration (FDA) suspended the food facility registration of Sunland, Inc., a producer of nuts, and nut and seed spreads. Notably, this is the first time FDA has used its registration suspension authority, which was established by Section 102(b) of the FDA Food Safety Modernization Act (FSMA). Significantly, this
On September 19, the U.S. Government Accountability Office released a report that sheds some light on DOD’s current practices with respect to suspension and debarment. Suspension and Debarment: DOD has active referral processes but action needed to promote transparency, GAO Report to the Committee on Armed Services, U.S. Senate, September 2012, GAO-12-932 (“Report”). The Report