{"id":147184,"date":"2026-08-11T09:35:37","date_gmt":"2026-08-11T09:35:37","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=147184"},"modified":"2026-08-11T09:35:37","modified_gmt":"2026-08-11T09:35:37","slug":"bahamas-competition-litigation","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/bahamas-competition-litigation\/","title":{"rendered":"Bahamas: Competition Litigation"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-147184","comparative_guide","type-comparative_guide","status-publish","hentry","guides-competition-litigation","jurisdictions-bahamas"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">McKinney, Bancroft &amp; Hughes<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/08\/MBH-Full-Logo.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">McKinney, Bancroft &amp; Hughes<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/08\/MBH-Full-Logo.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Competition Litigation laws and regulations applicable in Bahamas<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What types of conduct and causes of action can be relied upon as the basis of a competition damages claim?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Competition litigation refers to legal proceedings arising from commercial conduct alleged to restrict, distort or otherwise adversely affect competition within a market. In The Bahamas, competition litigation is governed primarily by sector-specific legislation rather than by a single, comprehensive Competition Act.<\/p>\n<p>The conduct capable of giving rise to a competition damages claim is determined by the legislation governing the particular sector or commercial activity in which the dispute arises. Such conduct generally includes anti-competitive agreements, abuse of a dominant position or significant market power, anti-competitive mergers or acquisitions, discriminatory or exclusionary conduct, refusal to provide access to essential facilities where required by statute or licence conditions, and breaches of statutory or regulatory obligations imposed upon regulated entities. Whether such conduct ultimately gives rise to a claim for damages will depend upon the legal basis on which the claimant seeks relief.<\/p>\n<p>Where the claim is brought against a private entity, such as a competitor, dominant market participant or regulated licensee, the claimant must establish a recognised civil cause of action. A claimant will ordinarily need to rely upon an existing private law cause of action, which may include breach of contract, negligence, breach of statutory duty (where Parliament intended the statutory duty to be privately enforceable), unlawful interference with business or another recognised economic tort. By contrast, where the complaint concerns the exercise of statutory powers by a regulator, the appropriate remedy will generally be found within the statutory appeal provisions of the relevant legislation or by way of judicial review.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is required (e.g. in terms of procedural formalities and standard of pleading) in order to commence a competition damages claim?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The procedural requirements for commencing a competition damages claim in The Bahamas depend\u00a0 upon the identity of the defendant and the statutory and or the legal framework governing the alleged anti-competitive conduct. \u00a0 Where the claim is brought against a private entity, or person the matter will\u00a0 proceed as a private civil claim before the Supreme Court. Where, however, the complaint concerns the conduct or decision of a regulator, the claimant must first determine whether the governing legislation prescribes a statutory complaints procedure, investigation, determination or appeal which must be followed before proceedings in the court can be commenced.<\/p>\n<p>Where the defendant is a private entity or person, proceedings are commenced in the Supreme Court by filing a Claim Form together with a Statement of Claim in accordance with the Supreme Court Civil Procedure Rules, 2022 (\u201cCPR\u201d). The Statement of Claim must plead the material facts giving rise to the claim, identify the recognised cause of action, set out the loss allegedly suffered and specify the relief sought. Where a claimant seeks to challenge the decision or exercise\u00a0 statutory powers by a regulator, he must \u00a0first comply with any \u00a0statutory complaints procedure, before commencing court proceedings.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What remedies are available to claimants in competition damages claims?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The remedies\u00a0 are the usual remedies in civil litigation which include general, special, exemplary, punitive damages, injunctive and declaratory relief. In judicial review actions in addition to the above orders of certiorari, mandamus and prohibition may be obtained.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the measure of damages? To what extent is joint and several liability recognised in competition damages claims? Are there any exceptions (e.g. for leniency applicants)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The object of an award of damages in competition litigation is to place the claimant in the position they would have been in had the wrong not occurred, and which must be reasonably foreseeable.<\/p>\n<p>Joint and several liability is recognised under Bahamian law and would apply where multiple defendants are found liable for the same loss. A claimant may pursue one or more defendants for the entirety of the loss. In The Bahamas, there is no legal framework in place in civil proceedings which specifically addresses leniency applicants.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the relevant limitation periods for competition damages claims? How can they be suspended or interrupted?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Actions founded on\u00a0 contract, tort, quasi-contract and must be commenced within six years from the date on which the cause of action accrued. Actions founded on a breach of statutory provision must comply with the prescribed limitation period set out in that statute. In the absence of a prescribed period, the limitation act would apply. Where, however, the claim is brought by way of judicial review challenging the decision or exercise of the power of a regulator, the CPR mandates that the application be commenced within six months from the date on which the grounds for the application first arose, unless the Court extends the time.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Which local courts and\/or tribunals deal with competition damages claims?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Private competition damages claims are determined by the Supreme Court, whereas regulatory investigations and enforcement are undertaken by the relevant regulator established under the applicable legislation. Appeals from regulatory decisions may lie to a specialist Appeal Tribunal and, where provided by statute, to the Court of Appeal. The Supreme Court has unlimited jurisdiction to determine civil claims and also exercises supervisory jurisdiction over public authorities by way of judicial review.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How does the court determine whether it has jurisdiction over a competition damages claim?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Jurisdiction is determined by identifying the nature of the claim, the identity of the parties , and the statutory and or legal framework governing the dispute. In the absence of legislation conferring exclusive jurisdiction upon another court or tribunal, the Supreme Court has unlimited original jurisdiction to determine competition damages claims. By contrast, the jurisdiction of the Court of Appeal is statutory and appellate in-nature. \u00a0If the complaint concerns the conduct or decision of a regulator,\u00a0 The Court must first determine whether the governing legislation established a statutory complaint and or enforcement mechanism or right of appeal. Where the legislation provides such a mechanism that procedure should\u00a0 be followed before proceedings are commenced in the Supreme Court. Where the claimant challenges the decision of a regulator by way of judicial review, the Supreme Court exercises its supervisory jurisdiction to determine whether the regulator acted lawfully, fairly and or reasonably within the scope of the powers conferred upon it by statute.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How does the court determine what law will apply to the competition damages claim?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Claims\u00a0 are determined in accordance with the applicable legislation, common law principles and the law governing the relevant causes of action. Claims challenging decisions of public bodies are determined in accordance with common law principles and statutory obligations or in accordance with\u00a0 principles governing judicial review.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the applicable standard of proof?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The applicable standard of proof is the \u00a0ordinary civil standard, namely proof on the balance of probabilities. \u00a0The claimant must prove each element of the cause of action relied on. This standard of proof also applies to Judicial Review proceedings.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To what extent are local courts bound by the infringement decisions of (domestic or foreign) competition authorities?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Bahamian courts are not generally bound by infringement decisions of domestic or foreign competition authorities. Any decision of a domestic regulator is subject to the statutory appeal process, judicial review if appropriate or the unlimited jurisdiction of the Supreme Court. Local courts may\u00a0 consider decisions of competition authorities when determining a matter. Foreign judgments may only be recognised and enforced in accordance with statute or \u00a0as allowed under\u00a0 common law.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To what extent can a private damages action proceed while related public enforcement action is pending? Is there a procedure permitting enforcers to stay a private action while the public enforcement action is pending?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>A private damages action may proceed concurrently with that of a related public enforcement action. There is no prohibition in any of the applicable statutes which prevents a party from maintaining a private action whilst a public enforcement action is pending. However, the Court has wide case management powers to hear matters before it and to manage\u00a0 actions in the interest of justice. The Court can stay the public enforcement or private action to await the determination of the other but the regulator cannot stay the court action.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, mechanisms are available to aggregate competition damages claims (e.g. class actions, assignment\/claims vehicles, or consolidation of claims through case management)? What, if any, threshold criteria have to be met?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Claims may proceed by way of a representative action. The applicant for a representative action must satisfy the Court that:<\/p>\n<p>i. there is an identifiable class of persons who have all consented to participate in the actions;<\/p>\n<p>ii. they all have substantially the same interest in the litigation;<\/p>\n<p>iii. there is no material conflict between members of the class;<\/p>\n<p>iv. the proposed representative can fairly represent everyone; and<\/p>\n<p>v. using a representative action is a convenient and proportionate means of resolving the dispute.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any defences (e.g. pass on) which are unique to competition damages cases? Which party bears the burden of proof?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Competition damages claims are determined in accordance with the principles of civil law inclusive of jurisprudence established under the common law. Any defences unique to competition damages claims established under the common law can be utilised. The defendant bears the burden of proving any affirmative defence upon which it relies.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is expert evidence permitted in competition litigation, and, if so, how is it used? Is the expert appointed by the court or the parties and what duties do they owe?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Expert opinion evidence is permitted in competition litigation. The CPR provides that a judge may appoint an expert on the application of a party or of its own volition to assist the court with providing expert opinion evidence on specific issues which are usually highly technical and which the court must determine. Expert witnesses have a duty to assist the Court, to be impartial irrespective of any obligation to the person who instructs.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Describe the trial process. Who is the decision-maker at trial? How is evidence dealt with? Is it written or oral, and what are the rules on cross-examination?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>After the commencement of proceedings, the parties exchange pleadings, disclose and exchange documents, file witness statements and, where appropriate, expert reports in accordance with the CPR. The Court conducts case management, gives directions, determines the issues to be tried, and fixes the matter for trial. The Court may also direct that written submissions be filed. These case management powers are also exercisable by an appellant\u00a0 tribunal. The decision-maker is a Judge of the Supreme Court or a panel of adjudicators if before an appellant tribunal . The decision makers determine all questions of law and fact.<\/p>\n<p>Evidence\u00a0 may be both written and oral. The CPR requires parties to exchange witness statements which will stand as the witnesses\u2019 \u00a0evidence- in-chief and the witnesses may be cross-examined on the contents of their statements. The admissibility of evidence is governed by statute. Cross-examination of witnesses must relate to matters relevant to the issues before the Court but is not confined to matters raised during examination-in-chief.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How long does it typically take from commencing proceedings to get to trial? Is there an appeal process? How many levels of appeal are possible?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There is no prescribed timeframe within which a competition damages claim must proceed to trial after commencement. The time period from commencement \u00a0would depend upon several factors including the nature and complexity of the claim, the litigious disposition of the parties and the court\u2019s calendar. The Court manages proceedings through case management conferences and pre-trial reviews before fixing a trial date. There is an appeal process which depends upon the nature of the proceedings. Where a competition damages claim is commenced as a private civil claim before the Supreme Court, an appeal lies to the Court of Appeal. Where the dispute arises from a regulatory decision the applicable legislation generally\u00a0 sets out the appellate process. A further appeal from the Court of Appeal may lie to the Judicial Committee of the Privy Council either as of right where the statutory requirements are satisfied or with leave where permitted by law.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Do leniency recipients receive any benefit in the damages litigation context?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Bahamas civil legal framework does not specifically address leniency recipients or make any allowances for them to benefit in the damages litigation context.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How does the court approach the assessment of loss in competition damages cases? Are \u201cumbrella effects\u201d recognised? Is any particular economic methodology favoured by the court?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Competition damages are compensatory.\u00a0 The claimant must prove\u00a0 its loss. Following an assessment of the damages, the Court will award a sum of money which will place the claimant in the position it would have been in had the wrongful act not occurred.\u00a0 Where losses are not quantifiable, the Court attempts to quantify the loss as best as possible to represent a just settlement of the claim.<\/p>\n<p>There is presently no Bahamian authority recognizing umbrella effects. Each entity exercising competitive pricing will be subject to scrutiny on its own. They cannot rely on the dominant provider\u2019s pricing for protection. Likewise, there is presently no authority prescribing the Bahamian Courts to favor a particular economic methodology when assessing competition damages.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How is interest calculated in competition damages cases?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There is no separate method for calculating damages in competition damages claims. Interest will be determined in accordance with the ordinary principles governing civil proceedings and any applicable\u00a0statutory provisions relating to judgment debts. The CPR recognises that a successful claimant may recover interest on a judgment debt. The Rules further define the\u00a0 \u201cstatutory rate of interest\u201d; as the rate of interest prescribed to\u00a0 judgment debts from time to time. Any interest awarded will be enforceable\u00a0 in accordance with the CPR.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can a defendant seek contribution or indemnity from other defendants? On what basis is liability allocated between defendants?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. The ability of a defendant to seek contribution is codified through statute laws of the Bahamas, specifically, . The statute provides that where any tortfeasor is liable for damage he may recover contribution from any other tortfeasor who is or would if sued have been liable for the same damage, whether as a joint tortfeasor or otherwise. This allows a defendant to bring a claim to recover contribution from a would-be tortfeasor. No person, however, may recover contribution from any person entitled to be indemnified by them in respect of the liability for which contribution is sought. The amount of contribution any tortfeasor can recover is determined by the Court and is fixed based on what the Court deems just and equitable, having regard to the extent of the person\u2019s responsibility for the relevant damage. The statute does not affect any agreement for indemnity entered into before the statute came into force. The CPR permits a defendant to make an additional claim for contribution or indemnity against an existing party without the Court\u2019s permission. If the tortfeasor is not a party, the defendant can make a without notice application to the Court to add that tortfeasor as an additional party. The Court has full discretion to accede or reject such an application.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In what circumstances, if any, can a competition damages claim be disposed of (in whole or in part) without a full trial?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Any claim before the Bahamian court may be disposed of pursuant to the CPR under the Court\u2019s case management powers. The Court has wide discretion to manage matters before it including strike out a case for:<\/p>\n<p>i. failure to comply with the CPR;<\/p>\n<p>ii. failure to comply with a practice direction of the court;<\/p>\n<p>iii. failure to comply with an order or direction given by the court in proceedings;<\/p>\n<p>iv. failure to disclose any reasonable ground for bringing or defending a claim;<\/p>\n<p>v. where the case is frivolous, vexatious, scandalous;<\/p>\n<p>vi. where the case is an abuse of the process of the Court; or<\/p>\n<p>vii. is likely to obstruct the just disposal of the proceedings .<\/p>\n<p>Such powers are draconian and would only be exercised in plain and obvious cases.<\/p>\n<p>Similarly, where a competition damages claim is referred to an appellate Tribunal, the Tribunal has the general power to dismiss any matter or part of a matter or refrain from hearing a matter which appears to be trivial, unnecessary or undesirable .<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, mechanism is available for the collective settlement of competition damages claims? Can such settlements include parties outside of the jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Parties are always able to settle a matter. The CPR allows a party to make a without prejudice offer with the right to refer the offer to the Court after judgment for the purpose of allocating costs. An offer must be in writing. If accepted the matter is stayed upon the terms of the offer. Such settlements can include parties outside of the jurisdiction if they are parties in the action or have submitted to the jurisdiction. Refusal to accept a reasonable offer may impact that parties right to costs.<\/p>\n<p>Before the appellate tribunal, parties can settle by payment or offer to settle. The Rules determine how and when offers are to be made, and like the Supreme Court a refusal to accept reasonable offers can impact costs.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the rules for disclosure of documents (including documents from the competition authority file or from other third parties)? Are there any exceptions (e.g. on grounds of privilege or confidentiality, or in respect of leniency or settlement materials)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There is a general duty on all parties in court proceedings to disclose documents which are or have been in the control of that party. If standard disclosure is ordered, that party must disclose all documents which are relevant to the matters in question If a party requires specific disclosure of a document, an order can be made by the Court on application showing that the specific disclosure is necessary to dispose fairly of the claim or to save costs .<\/p>\n<p>The Court has the power to order the production of any document except those that are specifically excepted by statute. Additionally, some documents are protected from disclosure on the grounds of privilege, confidentiality, or not discoverable in the interest of public safety. The Tribunal has the wide power to direct disclosure, and inspection. It has the discretion to admit or exclude evidence regardless of whether the evidence would be admissible in a civil trial. The Tribunal can determine that a document be treated as confidential. The rules for disclosure emphasise transparency which allow for exceptions based on confidentiality, privilege, and procedural fairness.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What procedures, if any, are available to protect confidential or proprietary information disclosed during the court process?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>A request for confidential treatment made to a Tribunal can be used as a safeguard to protect confidential or proprietary information. The Tribunal has the discretion and power to adjudicate these applications including determining that the proceedings not be held in public. The Tribunal is not required to publish or divulge information that it considers commercially confidential unless required to do so by a court . These measures ensure that sensitive information disclosed is adequately protected while balancing the need for transparency and fairness. In the Supreme Court, a judge has the discretion to direct in the interest of justice that any proceeding be heard in private. Where a party desires proceedings to be held in private or the names anonymised, an application must be made justifying the exercise of the Court\u2019s discretion.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can litigation costs (e.g. legal, expert and court fees) be recovered from the other party? If so, how are costs calculated, and are there any circumstances in which costs recovery can be limited?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Litigation costs are recovered through the assessment process. The general rule as to the recovery of costs is that costs follow the event meaning that the unsuccessful party usually pays the costs of the successful party . Litigation costs can be summarily assessed by the judge or it can be assessed in detail before a Registrar. The Court has a wide discretion when ordering costs and can determine how they are to be assessed, the amount and when they are to be paid . When assessing costs, the Court should have regard to all the circumstances of the case and use those factors to determine whether costs incurred were proportionate and reasonable. The Court can limit a costs order by:<\/p>\n<p>i. ordering costs up to a certain date,<\/p>\n<p>ii. ordering cost only to a certain part of the proceedings or<\/p>\n<p>iii. Limiting cost to a specified proportion of another person\u2019s cost.<\/p>\n<p>The CPR provides the court with the power to make a costs capping order which is an order limiting the amount of future costs. Orders may be made at any stage of the proceeding if there is a risk that costs will be disproportionately incurred and if they are satisfied that that risk cannot be controlled otherwise.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are third parties permitted to fund competition litigation? If so, are there any restrictions on this, and can third party funders be made liable for the other party\u2019s costs? Are lawyers permitted to act on a contingency or conditional fee basis?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Parties are not generally permitted to fund competition litigation through third parties. This general rule is borne from the ancient crime and tort of maintenance and champerty. While it was once thought that maintenance and champerty of any kind was forbidden and illegal, the law has evolved into a more liberal approach where third party funding would be permissible provided it was not contrary to public policy. The Privy Council case of Massai Aviation Services and Another v The A.G. and Bahamasair Holding Ltd [2007] UKPC 12 established this principle as the law in The Bahamas. The Bahamian Court of Appeal recently applied the Massai case in Gabriele Volpi v Delanson Services Limited, Matteo Volpi et al; Delanson Services Limited v Matteo Volpi et al SCCiv App No. 203 &amp; 208 of 2024 where it was held that the issue of whether a funding arrangement is champertous is \u201cfact specific, based on the circumstances as a whole, and is to be decided upon an application of broad policy principles that are relevant to The Bahamas. \u201d As it relates to contingency or conditional fee-based engagements, lawyers called to the Bahamian bar are strictly prohibited from entering such agreements.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, in your opinion, are the main obstacles to litigating competition damages claims?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In the Bahamas the main obstacles to litigation competition damages claims are the lack of knowledge of the rights of an ordinary consumer, costs involved and evidentiary obligations. Specifically, the ordinary consumer is unaware of their ability to bring claims against entities with monopolies. A challenge such as this can be addressed by bolstering the powers of the Consumer Protection Commission. An additional effort by the Commission to educate the public would promote challenges being brought against different trade and business organizations. An additional hinderance to competition litigation claims is the costs involved with bringing such claim. Irrespective of whether a claim is brought in the Tribunal or before the Supreme Court, litigation costs can be costly. Lastly, public access to vital information from monopolistic entities can be difficult if not impossible without judicial assistance. Competition claims, like any other claims, require evidence to substantiate a claim. As most company records are not a matter of public record, the ability to gather evidence to support your claim is hampered. If a party is unable to gather the necessary evidence their claim would ultimately lack the evidentiary foundation to advance past the preliminary stage.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, in your opinion, are likely to be the most significant developments affecting competition litigation in the next five years?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>As the law continues to evolve, the breadth and depth of competition claims which are able to be brought will expand. The relaxation of the champerty and maintenance principles will allow for third party funding to become an avenue by which litigants can fund litigation against monopolies. Additionally, as companies are mandated to disclose certain information, this would assist the public in obtaining evidence which can be used in competition claims.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">4098<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/147184","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=147184"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}