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5 Jurisdiction

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 — Arbitration procedures — Appeals — Burden and standard of proof — Jurisdictions — Judicial remedies

This chapter considers the legal framework for determining the applicable jurisdiction in claims based on breaches of competition law. It first describes the difficulties in determining the applicable jurisdiction when commencing proceedings, the body of jurisdictional rules used in competition law cases, the standard of proof to determine jurisdiction, when courts determine jurisdiction, the date on which jurisdiction is determined, and how jurisdiction of a court to hear a claim affects the claim’s admissibility. The discussion then turns to the jurisdictional rules applied by the High Court and the Competition Appeal Tribunal (CAT) for EU defendants and non-EU defendants, with emphasis on the relevant provisions of the Judgments Regulation. The chapter concludes with a summary of the English common law jurisdictional rules that continue to apply outside the scope of the Judgments Regulation and which therefore applies to non-EU defendants.

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