INTERNATIONAL: GREAT BRITAIN - DAMAGES ACTION - MASS CLAIMS - LIABILITY OF A SUBSIDIARY - TERRITORIAL SCOPE - DISCLOSURE - PRESCRIPTION

A British perspective: EU antitrust law and international damages actions

This article discusses a variety of issues concerning international competition law damages claims which have been considered in cases in England. They include: the problem of mass claims for foreign plaintiffs; the liability of a local subsidiary for infringements by a foreign parent; the territorial scope of EU competition law; and problems raised by cross-border disclosure and foreign rules of limitation (prescription).

1. It was through that well-known institution, the English pub, that the key foundation for competition damages claims based on EU law was established. In fact, it was the circumstances at two pubs, The Cock Inn and The Phoenix in Staines, not far from London, which provided the catalyst for development of some of the underlying principles. The publican who operated those pubs was Mr Bernard Crehan and he fell behind with his rent. The landlord was a brewer, because these were so-called “tied” pubs whereby Mr Crehan was obliged to purchase his beer exclusively from his landlord. When Mr Crehan was sued for the rent he had failed to pay, he had the imaginative idea—or more probably, his lawyer had the imaginative idea—of counterclaiming that the tie in his agreement with the landlord was

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  • UK Competition Appeal Tribunal (London)

Quotation

Peter Roth, A British perspective: EU antitrust law and international damages actions, February 2017, Concurrences N° 1-2017, Art. N° 83482, pp. 243-248

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