The UK Government consults on changes to assist private litigants in seeking redress for breach of antitrust law

The UK Government is consulting on changes to assist private litigants in seeking redress for breach of antitrust law. Most radically, the government has proposed introducing an opt-out collective redress mechanism. This change alone could significantly increase the volume and impact of antitrust litigation in England, both against domestic and foreign-domiciled defendants. Background The majority of private antitrust claims in England seek redress either in relation to anticompetitive arrangements (e.g., price fixing or market sharing) or for abuse of a dominant position. [1] Investigation and enforcement is primarily performed by public regulators (the Office of Fair Trading [2]and the European Commission). Private claims pursued in court that rely on a regulator’s finding of

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Roger Enock, The UK Government consults on changes to assist private litigants in seeking redress for breach of antitrust law, 24 April 2012, e-Competitions June 2012, Art. N° 95814

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