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1 Commencing Proceedings

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, 2022. All Rights Reserved.date: 26 June 2022

Basic principles of competition law — Appeals — Market sector — Merger decision appeals — Judicial remedies

This chapter discusses the procedural rules that govern how different types of competition law claims are commenced. It first considers private actions in the High Court, where procedure is governed by the Civil Procedure Rules 1998 (CPR), as amended, and the procedure in the Competition Appeal Tribunal (CAT), which is governed by the Competition Appeal Tribunal Rules 2015 (CAT Rules). It then examines private actions in the CAT as well as appeals to the CAT, focusing on issues relating to jurisdiction, procedure for commencing both individual claims and collective actions, appeals under the Competition Act 1998, appeals in telecommunications cases, proceedings under the Civil Aviation Act 2012, and appeal on merits. Finally, it explains judicial review both in the Administrative Court and in the CAT, taking into account applications for review of merger and market investigation decisions in the CAT as well as grounds of review.

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