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17 Final Orders

Mark Brealey, Kyla George

From: Competition Litigation: UK Practice and Procedure (2nd Edition)

Edited By: Mark Brealey QC, Kyla George

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 20 September 2020

Appeals — Damages — Judicial remedies

This chapter examines issues arising from final orders, the culmination of competition proceedings. It begins with a discussion of when and how an unlawful part of a contract can be severed, along with the effect of severability on an agreement, including restrictive agreements. It also considers the test for severability under English law, the date of assessment for severance, and severance in relation to abuse of dominance and renegotiation clauses. The chapter proceeds by analysing the factors that the High Court take into account in the exercise of its inherent jurisdiction to grant declaratory relief. Finally, it looks at injunctions as a form of final relief, with emphasis on the different types of injunctions and the circumstances in which they may be granted. Prohibitory and mandatory injunctions are highlighted, along with the awarding of damages instead of issuing an injunction.

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