header-logo header-logo

A new frontier

01 May 2015 / Tobias Caspary , James Kitching , Leigh Mallon
Issue: 7650 / Categories: Features , Competition
printer mail-detail
nlj_may_1_mallon

Leigh Mallon, James Kitching & Tobias Caspary explore opt-out “class-actions” for competition law damages actions in the UK

In recent years there have been a number of legislative and regulatory changes aimed at simplifying the process by which those who suffer loss as a result of competition law breaches can obtain compensation. The latest amendments to the Competition Act 1998 (CA 1998), via the Consumer Rights Act 2015 (CRA 2015), were passed in the last weeks of the most recent UK Parliament. The changes, which are expected to come into force on 1 October 2015, include:

  • increasing the types of competition law cases that the Competition Appeals Tribunal (CAT) hears; and
  • introducing a right to bring opt-out collective actions and to enter into opt-out collective settlements for infringements of competition rules.

These changes are likely to result in a significant increase in the number and type of competition-based damages claims brought in the UK with a corresponding increase in the likelihood that businesses will find themselves as claimants or

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll