The England and Wales Court of Appeal refuses interim injunction against alleged refusal to deal as claimant failed to identify any market on which the defendant could conceivably be dominant (Chemistree Homecare / Abbvie)

United Kingdom: interim injunctions in competition litigation* Private competition litigation is continuing to develop in the United Kingdom. The courts and the Competition Appeal Tribunal are seeing an increase in the number and complexity of follow-on damages actions, often between foreign claimants and/or defendants. In addition, an increasing number of “standalone” competition disputes between private parties are being brought in the courts, in which the claimant alleges that the defendant is infringing or has infringed competition law. Private competition disputes raise different issues from follow-on claims. First, the claimant must prove that an infringement has been committed: there is no prior Office of Fair Trading or European Commission decision that the defendant has

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  • St John’s Chambers (Bristol)

Quotation

Matthew O'Regan, The England and Wales Court of Appeal refuses interim injunction against alleged refusal to deal as claimant failed to identify any market on which the defendant could conceivably be dominant (Chemistree Homecare / Abbvie), 7 November 2013, e-Competitions Bulletin November 2013, Art. N° 60935

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