Constantine Cannon LLP

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.

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.

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.