CAT fast-track procedure for SMEs
Produced in partnership with Constantine Cannon LLP
CAT fast-track procedure for SMEs

The following Competition guidance note Produced in partnership with Constantine Cannon LLP provides comprehensive and up to date legal information covering:

  • CAT fast-track procedure for SMEs
  • Types of claims that may be allocated to the fast-track procedure
  • Practical and strategic considerations
  • Brexit

BREXIT: The law and practice referred to in this Practice Note may be impacted by Brexit. For further information on the potential impact, see, The effect of Brexit on UK competition law in a deal or no deal scenario.

The Consumer Rights Act 2015 introduced the power for the Competition Appeal Tribunal (CAT) to provide for a fast-track procedure for claims brought under section 47A of the Competition Act 1998. Whilst the fast-track procedure applies to claims for damages or any other claim for a sum of money, it is likely that it will be most attractive for injunctions.

The CAT’s 2015 Rules of Procedure (SI 2015/1648, the CAT Rules), set out the details of the fast-track procedure in Rule 58. Under the CAT Rules the CAT can order that proceedings are, or cease to be, subject to the fast-track procedure at any time during proceedings, following an application of a party, or on its own motion.

In practical terms, the allocation of proceedings to the fast-track will have three key consequences:

  1. the main substantive hearing will be fixed to commence as soon as possible following the CAT's order and, in any event within six months

  2. recoverable costs will be capped at a level to be determined by the CAT, and

  3. the CAT will have the power to grant an interim injunction