Richard Pike

Partner, Fieldfisher

Richard is a Partner at Fieldfisher, specialising in antitrust litigation. He has acted for defendants but is usually instructed by claimants, both in standalone and follow-on actions relating to cartels and other forms of competition infringement in the UK and EU. He acts for individual clients and for large groups (whether through the collective action regime or otherwise).

As a litigator, he has many years of experience in the Competition Appeal Tribunal as well as in the High Court. His notable cases include the successful defence of Shell in OFT infringement proceedings brought in relation to tobacco retailing as well as a series of cases for Hutchison. His competition damages experience includes acting for defendants in claims based on the paraffin wax and refrigeration compressors cartels. He has also had some involvement with class actions in the United States, where he studied and was seconded for a year, and in Europe.

Contributed to

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Collective proceedings in the Competition Appeal Tribunal

Practice Notes

This Practice Note provides a practical guide to the procedure for collective proceedings in the Competition Appeal Tribunal (CAT), as introduced by the Consumer Rights Act 2015. The scope of the regime is explored, including when a collective proceedings order will be granted, whether it is on an ‘opt in’ or ‘opt out’ basis, the rights of class members and the award of damages. Also, details on the process, how to commence claims, the documentation required and who can act as a class representative.

Competition

Private actions and access to information (relating to a regulatory investigation)

Practice Notes

The disclosure of information from regulatory investigations will often be fiercely contested in private actions alleging breach of competition laws. This Practice Note considers the disclosure rules in English litigation and their application to different types of regulatory material in private actions, including infringements decisions and leniency submissions. The note explores the impact of EU court decisions, such as Pergan and ENBW, and their interpretation in UK private actions, such as National Grid and the Emerald case. Also explored is the potential impact of the 2014 EU Damages Directive.

Competition

Private competition actions and compensatory damages

Practice Notes

Private competition actions are typically brought on a tortious basis with a claim for compensatory damages. This Practice Note explores the legal approach to establishing and quantifying compensatory damages and English cases in which damages have actually been awarded. There is a discussion of practical issues that have arisen, for example, the concepts of umbrella claims and passing on.

Competition

What to think about before bringing a private competition action—checklist

Checklists

This checklist sets out key considerations relevant to bringing a private competition action in the EU. The checklist details factors to take into account when considering if there is an actionable claim, and the possible outcomes. It also contains an outline cost benefit analysis.

Competition