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4 Limitation Periods

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: 27 September 2022

Basic principles of competition law — Arbitration procedures — Appeals — Damages — Limitation period — Judicial remedies

This chapter discusses the limitation periods applicable to claims for damages, judicial review, and appeals against infringement decisions. It first considers the relevant limitation rules barring competition law infringement claims for loss and damage, with emphasis on rules relating to private actions for claims in the High Court and in the Competition Appeal Tribunal (CAT) based on infringements of competition law occurring before 9 March 2017. Limitation rules applicable to loss and damage resulting from infringements of competition law occurring on or after 9 March 2017 are also examined, along with follow-on proceedings commenced before and after 1 October 2015, and claims based on infringements after 8 March 2017. The chapter concludes with an analysis of the time limit for making appeals and judicial review in the CAT, applying for judicial review in the High Court, commencing arbitral proceedings, and seeking equitable relief.

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