Private antitrust enforcement in England and Wales after the EU Damages Directives: Where are we heading?

Peyer, Sebastian (2018) Private antitrust enforcement in England and Wales after the EU Damages Directives: Where are we heading? In: Private Enforcement of EU Competition Law The Impact of the Damages Directive. Edward Elgar. ISBN 978 1 78643 880 5

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    Abstract

    The framework for private antitrust actions in the England and Wales has undergone a number of changes in recent years. The Consumer Rights Act 2015 introduced measures to facilitate access to justice for victims of anticompetitive conduct. It created a fast track procedure in the Competition Appeal Tribunal and granted the Tribunal the powers to permit opt-out representative actions. More changes were brought on with the implementation of the EU Damages Directive in March 2017. In this chapter, I will take stock of those recent developments and offer an insight into the functioning of private enforcement of competition law in England and Wales. I will document key developments and issues regarding access to documents (disclosure), joint and several liability of co-infringers, and claim aggregation (opt-out representative actions). The recent legislative measures seem to pull private enforcement of competition law in different directions facilitating both small claims and large compensation actions. The Consumer Rights Act implemented a number of measures to encourage private litigation but the impact of the changes following the Damages Directive are not clear yet.

    Item Type: Book Section
    Uncontrolled Keywords: private enforcement,private antitrust enforcement,competition law,united kindom
    Faculty \ School: Faculty of Social Sciences > School of Law
    Related URLs:
    Depositing User: Pure Connector
    Date Deposited: 13 Apr 2017 06:10
    Last Modified: 12 Apr 2019 00:45
    URI: https://ueaeprints.uea.ac.uk/id/eprint/63251
    DOI:

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