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Part II The Member State Reports on Transposition of the Directive, 18 United Kingdom

Barry Rodger

From: The EU Antitrust Damages Directive: Transposition in the Member States

Edited By: Barry Rodger, Miguel Sousa Ferro, Francisco Marcos

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 27 October 2020

Basic principles of competition law — Damages — Application of EU competition rules — Jurisdictions — State and competition law

This chapter focuses on the transposition of the Antitrust Damages Directive in the United Kingdom. It first provides a general background on the transposition process, with emphasis on developments in relation to private litigation involving both UK and EU competition law in the UK courts. It then considers the substantive and temporal scope of the UK transposition measure before analysing some of the specific issues concerning implementation of the Directive, such as those relating to limitation periods, binding force of competition authority decisions, disclosure and protection of certain documents/admissability of evidence, presumption of harm and quantification of damages, passing-on defence and indirect purchasers, joint and several liability, parent company liability, consensual dispute resolution, collective redress, litigation costs and funding, and specialised court structure.

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