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UK Competition Law - The New Framework edited by Kellaway, Ros; Thompson, Rhodri; Brown, Christopher (1st December 2015)

8 Private Enforcement

Jessica Simor, Nicholas Gibson, Ben Silverstone, Anita Davies, Lesley Farrell

From: UK Competition Law: The New Framework

Edited By: Ros Kellaway, Rhodri Thompson, Christopher Brown

Subject(s):
Private actions — National Courts — National courts — National Competition Authorities (NCAs) — United Kingdom

This chapter analyses the changes to the domestic regime for private enforcement of competition law brought about by very recent legislation at UK and EU level: the Consumer Rights Act 2015 and the EU directive on damages actions for competition law infringements. Section A discusses the development of private competition litigation in the UK, including the changes made by the Enterprise Act 2002 reforms and the limitations of the regime created by that Act. Section B outlines and discusses the reforms introduced by the Consumer Rights Act, notably the broadening of the Competition Appeal Tribunal’s jurisdiction to include ‘stand-alone’ actions for damages and injunctions, as well as—radically—the first ever genuine ‘class action’ regime. Section C provides an overview of the EU damages directive and a commentary on its expected impact on domestic litigation.

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