2 Parties and Group Litigation
Mark Brealey, Kyla George
Edited By: Mark Brealey QC, Kyla George
- Article 101 TFEU — Article 102 TFEU — Appeals — Private actions — Judicial remedies
This chapter discusses the special considerations that apply to identifying the relevant parties in competition litigation as well as the way that claimants may group together to commence collective proceedings. It first explains private actions in the High Court, with emphasis on the nature of claimant and defendant. It considers the category of claimant under Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU) and under the Competition Act 1998, along with the concept of ‘undertaking’, parent companies, subsidiary companies, and sister companies in relation to the defendants. The chapter also examines representative actions in the High Court during group litigation, collective proceedings in the Competition Appeal Tribunal (CAT), and settlement of collective proceedings. Different types of collective settlement are highlighted.