Uncertain ability to enforce UK court competition law judgments
in Ireland
The UK will no longer enjoy the enforceability of judgments
under the Brussels Regulation, under which a judgement of the
courts of an EU member state is recognised in all other Member
States without any special procedure. Enforcement of non-EU
judgements (which UK judgments will be, post Brexit) in an EU
member state is a matter for the local law.
Our recommendation:
Companies will need to carefully consider any plans to bring a
competition law claim against an Irish defendant in the UK courts
as they will potentially face
'passporting' difficulties enforcing
competition law judgements from UK courts in Ireland.
