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7 Strike-Out and Summary Judgment

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: 08 August 2022

Basic principles of competition law — Appeals — Judicial remedies

This chapter examines how strike-out and summary judgment are applied by the High Court and the Competition Appeal Tribunal (CAT) for the summary disposal of competition law pleadings. It begins with a discussion of strike-out and summary judgment in the High Court, focusing on how they relate to one another and to amendment, the relevant considerations on a strike-out or on a summary judgment, and the procedure for making an application for summary dismissal. The relevant tests for strike-out and summary judgment are highlighted, and examples of successful and unsuccessful applications are given. The chapter also explains the summary disposal in the CAT before concluding with an overview of the standard of pleadings required to avoid strike-out in the context of competition litigation.

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