Competition Damages Litigation In London Pre - And Post- Brexit

Authored by Aidan Robertson QC, Brick Court Chambers

While many of these claims are being brought by large commercial organisations (often with the support of third party litigation funders), there is now also the first application to bring a major collective damages claim before the Competition Appeal Tribunal ('CAT') on behalf of consumers under a procedure introduced by the Consumer Rights Act 2015. This is also supported by third party litigation funding.

There are essentially two types of damages claim for anti-competitive practices.

• First are claims which 'follow on' from a finding of infringement of EU and/ or national competition laws by the European Commission or national competition authorities.